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Is an unsworn family report admissible?

Family law rule 15.62(1) (c) requires an expert's report to be verified by an affidavit.

Is an unsworn family report admissible?

Family law rule 15.62(1) (c) requires an expert’s report to be verified by an affidavit.

Rule 15.64 states that if an expert witness does not comply with the rules the report may not be relied on.

The issue of the family report not being in the form of an affidavit was raised by the judge.

The ICL counsel whom relied on the report claimed the report writer was available for cross-examination.

My question is cross-examination of what?  – if the report was not annexed to an affidavit it was not evidence.


FAMILY LAW RULES 2004 - RULE 15.62
Form of expert's report
 (1)  An expert's report must:
         (a)  be addressed to the court and the party
               instructing the expert witness;
          (b)  have attached to it a summary of the
                 instructions given to the expert witness
                 and a list of any documents relied on in
                 preparing the report; and
           ©  be verified by an affidavit of the expert
                  witness.

FAMILY LAW RULES 2004 - RULE 15.64 Consequences of non-compliance
If an expert witness does not comply with these Rules, the court may:
           (a)  order the expert witness to attend court;
           (b)  refuse to allow the expert's report or
                 any answers to questions to be relied on
 
Has this been sent from court through the Associate or from the Expert Witness direct to the parties?

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
What do you possibly hope to gain by going down this path? If you are trying to negate a bad report i can assure you this will not work.

Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you.... Purple Monkey Dishwasher
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