A new precedent for use when obtaining expert evidence has been added to the Family Law guides.
When the Federal Circuit and Family Court of Australia (FCFCOA) commenced operation on 1 September 2021, it did so with a new set of rules: the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (the Family Law Rules 2021). The rules apply in all family law matters across both divisions of the court.
Part 7.1 of the Family Law Rules 2021 makes provision for expert evidence. Rule 7.13 provides that experts must be given a recent copy of Divisions 7.14, 7.15, and 7.16. These rules cover requirements for instructions to experts, information about disclosure by experts, their duties and obligations, as well as clarification of the requirements for a single expert report.
A new enclosure has been created which conveniently includes all of the rules in these divisions. The enclosure can be given to the expert witness when they are instructed, thereby making it easy for practitioners to comply with the requirements under the rules. This enclosure has been added to these Family Law matter plans – Property settlement, Children and Financial agreements, for use when obtaining expert evidence. There are corresponding precedent letters to experts on each matter plan.
For Property settlement matters, the new precedent enclosure is located in the Going to court folder under If required – Valuer. There is also a Letter to the valuer for single expert valuation.
For Children matters, the new precedent enclosure is located in the Going to court folder under If required – Single expert witness report. There is also a Letter to single expert witness.
For Financial agreements matters, the new precedent enclosure is located in the Enforcement folder under If required – Single expert witness report. There is also a Letter to single expert witness.
The By Lawyers Family law publication is up to date with all of the recent changes to the family law system after the merger of the two courts into the FCFCOA.