Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 August 2020 at 16:24)
Part 31
Part 31 Evidence
Division 1 Evidence at hearing
31.1   Manner of giving evidence at trial
(cf SCR Part 36, rule 2; DCR Part 28, rule 2; LCR Part 25, rule 9)
(1)  This rule applies to a trial of proceedings commenced by statement of claim, or in which a statement of claim has been filed.
(2)  Subject to subrules (3), (4) and (5) and to the provisions of the Evidence Act 1995, a witness’s evidence at a trial must be given orally before the court.
(3)  The court may order that all or any of a witness’s evidence at a trial must be given by affidavit or, subject to rule 31.4, by witness statement.
(4)  Unless the court orders otherwise, evidence of facts must be given by affidavit if the only matters in question are—
(a)  interest up to judgment in respect of a debt or liquidated claim, or
(b)  the assessment of damages or the value of goods under Part 30, or
(c)  costs.
(5)  Unless the court otherwise orders, at any trial on an assessment of the amount to be recovered by a plaintiff after default judgment has been given, the following evidence may be given by affidavit—
(a)  evidence of the identity of any motor vehicle,
(b)  evidence of the damage sustained by a motor vehicle in a particular collision,
(c)  evidence of the reasonable cost of repairing that damage.
31.2   Evidence of witnesses at other hearings
(cf SCR Part 36, rule 3; DCR Part 28, rule 3)
Subject to rule 31.1, evidence in chief of any witness at any hearing must be given by affidavit unless the court orders otherwise.
31.3   Evidence by telephone, video link or other communication
(cf SCR Part 36, rule 2A; DCR Part 28, rule 2A; LCR Part 23, rule 1C)
(1)  If the court so orders, evidence and submissions may be received by telephone, video link or other form of communication.
(2)  This rule does not apply in circumstances in which leave for remote appearances from New Zealand in Australian proceedings within the meaning of the Trans-Tasman Proceedings Act 2010 of the Commonwealth could be granted under that Act.
31.4   Court may direct party to furnish witness statement
(cf SCR Part 36, rule 4A)
(1)  The court may direct any party to serve on each other active party a written statement of the oral evidence that the party intends to adduce in chief on any questions of fact to be decided at any hearing (a witness statement).
(2)  A direction under subrule (1)—
(a)  may make different provision with regard to different questions of fact or different witnesses, and
(b)  may require that notice be given of any objection to any of the evidence in a witness statement and of the grounds of any such objection.
(3)  Each witness statement must be signed by the intended witness unless the signature of the witness cannot be procured or the court orders otherwise.
(4)  If an intended witness to whose evidence a witness statement relates does not give evidence, no party may put the statement in evidence at the hearing except by leave of the court.
(5)  If the party serving the statement calls as a witness at the hearing any person whose witness statement has been served pursuant to a direction under subrule (1)—
(a)  that person’s witness statement is to stand as the whole of his or her evidence in chief, so long as that person testifies to the truth of the statement, and
(b)  except by leave of the court, the party may not adduce from that person any further evidence in chief.
(6)  A party who fails to comply with a direction given under this rule may not adduce evidence to which the direction relates, except by leave of the court.
(7)  This rule does not deprive any party of the right to treat any communication as privileged and does not make admissible any evidence that is otherwise inadmissible.
(8)  An application by a party for an order that the party not be required to comply with a direction under this rule in respect of any proposed witness or witnesses (whether or not such a direction has been given) may be made without serving notice of motion.
31.5   Notice under s 67 or s 99 of the Evidence Act 1995
(cf SCR Part 36, rule 13D; DCR Part 28, rule 9A; LCR Part 23, rule 3A)
Unless the court orders otherwise, notice for the purposes of section 67 or 99 of the Evidence Act 1995 must be given—
(a)  in any case where the court by notice to the parties fixes a date for determining the date for hearing, not later than 21 days before the date fixed by that notice, and
(b)  in any other case where the place of hearing is a place other than Sydney, not later than 21 days before the first call-over held in respect of the sittings at that place, and
(c)  in any other case, not later than 21 days before the date on which the court determines the date for hearing.
31.6   Evidence on commission
(cf SCR Part 36, rule 6; DCR Part 28, rule 7)
(1)  The court may permit a party to any proceedings the subject of an order under rule 24.3 (relating to the taking of evidence otherwise than at trial) to tender in the proceedings the evidence of a person examined under the order.
(2)  The evidence is not admissible in the proceedings if—
(a)  it appears to the satisfaction of the court that the person examined is in New South Wales and is able to attend the hearing, or
(b)  the evidence would not have been admissible had it been given orally at the hearing of the proceedings.
(3)  If it is in the interests of justice to do so, the court may exclude from the proceedings any evidence of the person examined even though the evidence is otherwise admissible.
(4)  Unless the court orders otherwise, evidence in any proceedings that a case falls within—
(a)  subrule (2)(a), or
(b)  section 8(2)(a) or 22(2)(a) of the Evidence on Commission Act 1995, or
(c)  section 9(2)(a) of the Foreign Evidence Act 1994 of the Commonwealth,
may be given by affidavit on information and belief, but the person making the affidavit must give the source of and ground for the information and belief.
(5)  The judicial officer presiding at the trial may make any necessary observations and findings as to demeanour and credibility of the person examined, and act on them for the determination of the issues at the trial, if—
(a)  the examination has been conducted by the same judicial officer, or
(b)  an audio-visual recording under rule 24.13 is tendered in evidence at the trial,
except where the trial is before a jury.
(6)  In this rule, evidence includes—
(a)  any document or thing produced at the examination, and
(b)  any answers made (whether in writing, or orally and reduced to writing) to any written interrogatories presented at the examination, and
(c)  any audio-visual recording made in accordance with rule 24.13.
31.7   Foreign material
(cf SCR Part 36, rule 6B)
(1)  Unless the court orders otherwise, a party who adduces foreign material under section 24 or 32 of the Foreign Evidence Act 1994 of the Commonwealth as evidence—
(a)  must give at least 14 days’ written notice to each other active party of—
(i)  the intention to adduce evidence under that section, and
(ii)  the nature of the foreign material, and
(b)  must adduce all relevant evidence available to that party—
(i)  as to whether the person who gave the testimony that is the subject of the foreign material is in Australia and is able to attend the hearing, and
(ii)  if the foreign material is adduced under section 24 of the Foreign Evidence Act 1994 of the Commonwealth, of the matters to which section 25(2)(a) or (c) of that Act refer, and
(iii)  if the foreign material is adduced under section 32 of the Foreign Evidence Act 1994 of the Commonwealth, of the matters to which section 33(2)(a) or (c) of that Act refer.
(2)  In this rule foreign material has the same meaning as it has in the Foreign Evidence Act 1994 of the Commonwealth.
31.8   Earlier evidence in the same proceedings
(cf SCR Part 36, rule 5; DCR Part 28, rule 6)
(1)  Evidence taken at a trial with respect to a question that is ordered to be tried separately may be used in any subsequent trial in the same proceedings, saving all just exceptions and unless the court orders otherwise.
(2)  Evidence taken at a trial may be used for any subsequent trial for the assessment of damages or of the value of goods in the same proceedings, saving all just exceptions and unless the court orders otherwise.
(3)  Subject to subrules (1) and (2), evidence taken at a hearing may not be used as evidence in any subsequent hearing in the same proceedings except by leave of the court.
31.9   Earlier evidence in other proceedings
(cf SCR Part 36, rule 7; DCR Part 28, rule 10)
(1)  In any proceedings, evidence taken, or an affidavit filed, in other proceedings may not be used as evidence, saving all just exceptions and unless the court orders otherwise.
(2)  Leave may not be granted under subrule (1) except to allow the evidence taken, or affidavit filed, in the other proceedings to be used in relation to the proof of particular facts.
31.10   Plans, photographs, audio-visual recordings and models
(cf SCR Part 14, rule 2, Part 36, rule 8; DCR Part 28, rule 11; LCR Part 23, rule 4)
(1)  At least 7 days before the commencement of a hearing, a party who intends to tender any plan, photograph, audio-visual recording or model at the hearing must give the other parties an opportunity to inspect it and to agree to its admission without proof.
(2)  A party who fails to comply with subrule (1) may not tender the plan, photograph, audio-visual recording or model in evidence except—
(a)  in the case of a prescribed item—where the court is satisfied that the party had a legitimate forensic purpose for not giving the other parties an opportunity to inspect the item, or
(b)  in any other case—by leave of the court.
(3)  This rule does not apply to any proceedings entered, or intended to be entered, in—
(a)  the Commercial List or the Technology and Construction List in the Supreme Court, or
(b)  the Commercial List or the Construction List in the District Court.
(4)  In this rule—
audio-visual recording includes a sound recording or a record of moving images (or both) whether stored on film, audio or video tape, digitally, electronically or by any other means.
prescribed item means a photograph or audio-visual recording that was made or obtained in connection with the relevant proceedings, by or at the request of a party, for the purpose of testing the credibility of a witness at the hearing.
31.11   Production of court documents
(cf SCR Part 36, rule 10; DCR Part 28, rule 13; LCR Part 23, rule 6)
Unless the court orders otherwise, the registrar must produce to the court any document in the registrar’s custody that, by notice in writing, any party to proceedings requests the registrar to produce to the court for the purposes of the proceedings.
31.12   Proof of court documents
(cf SCR Part 36, rule 9; DCR Part 28, rule 12; LCR Part 23, rule 5)
(1)  A document purporting to be marked with the seal of any court or tribunal is admissible in evidence without further proof.
(2)  For the purposes of subrule (1), it is sufficient that only the first page of a document consisting of multiple pages is marked with the seal.
31.13   Unstamped documents: arrangements under section 304 of the Duties Act 1997
(cf SCR Part 36, rule 10B)
(1)  The “usual undertaking by person liable” if given to the court by a party in relation to an instrument referred to in section 304(2) of the Duties Act 1997 is an undertaking that the party will, within a time specified by the court, transmit the instrument to the Chief Commissioner of State Revenue.
(2)  The “usual undertaking by person not liable” if given to the court by a party in relation to an instrument referred to in section 304(2) of the Duties Act 1997 is an undertaking that the party will, within a time specified by the court, forward to the Chief Commissioner of State Revenue the name and address of the person liable to pay duty on the instrument under that Act together with the instrument.
31.14   Unstamped documents: undertaking in respect of section 29 of the Stamp Duties Act 1920
(cf SCR Part 36, rule 10A; DCR Part 28, rule 13A)
(1)  The “solicitor’s usual undertaking as to stamp duty”, if given to the court by a solicitor in relation to an instrument referred to in section 29 of the Stamp Duties Act 1920, or an unexecuted copy referred to in that section, is an undertaking that the solicitor will cause the instrument or copy to be presented to the Chief Commissioner of State Revenue for assessment in accordance with that Act and cause any duty and fine to which the instrument or copy is liable to be paid.
(2)  The “party’s usual undertaking as to stamp duty”, if given to the court by a party in relation to an instrument referred to in section 29(4) of the Stamp Duties Act 1920, is an undertaking that the party will, within 28 days, inform the Chief Commissioner of State Revenue of the name of the person primarily liable to duty in respect of the instrument and lodge the instrument or a copy of the instrument with the Chief Commissioner.
31.15   Evidence of consent to act as tutor, trustee, receiver or other office
(cf SCR Part 36, rule 11)
(1)  A document—
(a)  purporting to contain a person’s written consent to act as tutor of a person under legal incapacity, to act as trustee, to act as receiver or to act in any other office on appointment by the court, and
(b)  purporting to have been duly executed and authenticated,
is evidence of the consent.
(2)  A document is duly executed and authenticated for the purposes of subrule (1)—
(a)  in the case of a consenting person who is a natural person, if the document is signed by the consenting person and the signature is verified by some other person, or
(b)  in the case of a consenting person that is a corporation, if the seal of the corporation is affixed to the document in accordance with the law regulating the use of the seal.
31.16   Evidence of published research concerning maintenance of children
(cf SCR Part 36, rule 13E)
If the proper needs of a minor are relevant, the court may have regard, to the extent to which it considers appropriate, to any relevant findings of published research in relation to the maintenance of minors.
31.16A   Return of exhibits
(cf SCR Part 75, rule 3I)
Where proceedings have been concluded and—
(a)  4 months have expired since the conclusion, and
(b)  there is no undisposed of appeal, or application for leave to appeal, in respect of the proceedings,
the registrar may, unless the court otherwise orders, return any exhibit in the proceedings still in the custody of the registrar by forwarding it to the party from whom it was received.
Division 2 Provisions applicable to expert evidence generally
Note.
 The provisions of this Division replace those of former Divisions 2 and 3, as in force immediately before 8 December 2006. The numbering of the individual provisions of this Division varies considerably from that of the provisions of the former Divisions. The following Table identifies the new rules corresponding to former rules 31.17–31.35.
Table
Former rule
New rule
Rule 31.17
Rule 31.18
Rule 31.18
Rule 31.28
Rule 31.18A
Rule 31.29
Rule 31.19
Rule 31.30
Rule 31.20
Rule 31.31
Rule 31.21
Rule 31.32
Rule 31.22
Rule 31.33
Rule 31.23
Rule 31.27
Rule 31.24
Rule 31.34
Rule 31.25
Rules 31.24 and 31.26
Rule 31.26
Rule 31.35
Rule 31.27
Rule 31.36
Rule 31.28
Rule 31.18
Rule 31.29
Rule 31.46
Rule 31.30
Rule 31.23
Rule 31.31
Rule 31.49
Rule 31.32
Rule 31.51
Rule 31.33
Rule 31.52
Rule 31.34
Rule 31.53
Rule 31.35
Rule 31.54
Subdivision 1 Preliminary
31.17   Main purposes of Division
(cf Queensland Uniform Civil Procedure Rules 1999, rule 423; United Kingdom Civil Procedure Rules 1998, rule 35.1)
The main purposes of this Division are as follows—
(a)  to ensure that the court has control over the giving of expert evidence,
(b)  to restrict expert evidence in proceedings to that which is reasonably required to resolve the proceedings,
(c)  to avoid unnecessary costs associated with parties to proceedings retaining different experts,
(d)  if it is practicable to do so without compromising the interests of justice, to enable expert evidence to be given on an issue in proceedings by a single expert engaged by the parties or appointed by the court,
(e)  if it is necessary to do so to ensure a fair trial of proceedings, to allow for more than one expert (but no more than are necessary) to give evidence on an issue in the proceedings,
(f)  to declare the duty of an expert witness in relation to the court and the parties to proceedings.
31.18   Definitions
(cf SCR Part 36, rules 13A and 13C; DCR Part 28, rule 8; LCR Part 23, rule 1D)
In this Division—
court-appointed expert means an expert appointed pursuant to rule 31.46.
expert, in relation to any issue, means a person who has such knowledge or experience of, or in connection with, that issue, or issues of the character of that issue, that his or her opinion on that issue would be admissible in evidence.
expert witness means an expert engaged or appointed for the purpose of—
(a)  providing an expert’s report for use as evidence in proceedings or proposed proceedings, or
(b)  giving opinion evidence in proceedings or proposed proceedings.
expert’s report means a written statement by an expert (whether or not an expert witness in the proceedings concerned) that sets out the expert’s opinion and the facts, and assumptions of fact, on which the opinion is based.
hospital report means a written statement concerning a patient, made by or on behalf of a hospital, that the party serving the statement intends to adduce in evidence in chief at the trial.
parties’ single expert means an expert engaged pursuant to rule 31.37.
Subdivision 2 Expert witnesses generally
31.19   Parties to seek directions before calling expert witnesses
(1)  Any party—
(a)  intending to adduce expert evidence at trial, or
(b)  to whom it becomes apparent that he or she, or any other party, may adduce expert evidence at trial,
must promptly seek directions from the court in that regard.
(2)  Directions under this rule may be sought at any directions hearing or case management conference or, if no such hearing or conference has been fixed or is imminent, by notice of motion or pursuant to liberty to restore.
(3)  Unless the court otherwise orders, expert evidence may not be adduced at trial—
(a)  unless directions have been sought in accordance with this rule, and
(b)  if any such directions have been given by the court, otherwise than in accordance with those directions.
(4)  This rule does not apply to proceedings with respect to a professional negligence claim.
31.20   Court may give directions regarding expert witnesses
(1)  Without limiting its other powers to give directions, the court may at any time give such directions as it considers appropriate in relation to the use of expert evidence in proceedings.
(2)  Directions under this rule may include any of the following—
(a)  a direction as to the time for service of experts’ reports,
(b)  a direction that expert evidence may not be adduced on a specified issue,
(c)  a direction that expert evidence may not be adduced on a specified issue except by leave of the court,
(d)  a direction that expert evidence may be adduced on specified issues only,
(e)  a direction limiting the number of expert witnesses who may be called to give evidence on a specified issue,
(f)  a direction providing for the engagement and instruction of a parties’ single expert in relation to a specified issue,
(g)  a direction providing for the appointment and instruction of a court-appointed expert in relation to a specified issue,
(h)  a direction requiring experts in relation to the same issue to confer, either before or after preparing experts’ reports in relation to a specified issue,
(i)  any other direction that may assist an expert in the exercise of the expert’s functions,
(j)  a direction that an expert who has prepared more than one expert’s report in relation to any proceedings is to prepare a single report that reflects his or her evidence in chief.
31.21   Expert evidence in chief to be given by way of experts’ reports
Unless the court otherwise orders, an expert witness’s evidence in chief must be given by the tender of one or more expert’s reports.
31.22   Expert witness to provide details of contingency fees or deferred payment schemes
(1)  A person who is engaged as an expert witness in relation to any proceedings must include information as to any arrangements under which—
(a)  the charging of fees or costs by the expert witness is contingent on the outcome of the proceedings, or
(b)  the payment of any fees or costs to the expert witness is to be deferred,
in, or in an annexure to, any report that he or she prepares for the purposes of the proceedings.
(2)  If a report referred to in subrule (1) indicates the existence of any such arrangements, the court may direct disclosure of the terms of the engagement (including as to fees and costs).
31.23   Code of conduct
(cf SCR Part 39, rule 2; DCR Part 28A, rule 2; LCR Part 38B, rule 2)
(1)  An expert witness must comply with the code of conduct set out in Schedule 7.
(2)  As soon as practicable after an expert witness is engaged or appointed—
(a)  in the case of an expert witness engaged by one or more parties, the engaging parties, or one of them as they may agree, or
(b)  in the case of an expert witness appointed by the court, such of the affected parties as the court may direct,
must provide the expert witness with a copy of the code of conduct.
(3)  Unless the court otherwise orders, an expert’s report may not be admitted in evidence unless the report contains an acknowledgment by the expert witness by whom it was prepared that he or she has read the code of conduct and agrees to be bound by it.
(4)  Unless the court otherwise orders, oral evidence may not be received from an expert witness unless the court is satisfied that the expert witness has acknowledged, whether in an expert’s report prepared in relation to the proceedings or otherwise in relation to the proceedings, that he or she has read the code of conduct and agrees to be bound by it.
31.24   Conference between expert witnesses
(cf SCR Part 36, rule 13CA; DCR Part 28, rule 9D; LCR Part 23, rule 1E)
(1)  The court may direct expert witnesses—
(a)  to confer, either generally or in relation to specified matters, and
(b)  to endeavour to reach agreement on any matters in issue, and
(c)  to prepare a joint report, specifying matters agreed and matters not agreed and reasons for any disagreement, and
(d)  to base any joint report on specified facts or assumptions of fact,
and may do so at any time, whether before or after the expert witnesses have furnished their experts’ reports.
(2)  The court may direct that a conference be held—
(a)  with or without the attendance of the parties affected or their legal representatives, or
(b)  with or without the attendance of the parties affected or their legal representatives, at the option of the parties, or
(c)  with or without the attendance of a facilitator (that is, a person who is independent of the parties and who may or may not be an expert in relation to the matters in issue).
(3)  An expert witness so directed may apply to the court for further directions to assist the expert witness in the performance of his or her functions in any respect.
(4)  Any such application must be made by sending a written request for directions to the court, specifying the matter in relation to which directions are sought.
(5)  An expert witness who makes such an application must send a copy of the request to the other expert witnesses and to the parties affected.
(6)  Unless the parties affected agree, the content of the conference between the expert witnesses must not be referred to at any hearing.
31.25   Instructions to expert witnesses where conference ordered before report furnished
If a direction to confer is given under rule 31.24(1)(a) before the expert witnesses have furnished their reports, the court may give directions as to—
(a)  the issues to be dealt with in a joint report by the expert witnesses, and
(b)  the facts, and assumptions of fact, on which the report is to be based,
including a direction that the parties affected must endeavour to agree on the instructions to be provided to the expert witnesses.
31.26   Joint report arising from conference between expert witnesses
(cf SCR Part 36, rule 13CA; DCR Part 28, rule 9D; LCR Part 23, rule 1E)
(1)  This rule applies if expert witnesses prepare a joint report as referred to in rule 31.24(1)(c).
(2)  The joint report must specify matters agreed and matters not agreed and the reasons for any disagreement.
(3)  The joint report may be tendered at the trial as evidence of any matters agreed.
(4)  In relation to any matters not agreed, the joint report may be used or tendered at the trial only in accordance with the rules of evidence and the practices of the court.
(5)  Except by leave of the court, a party affected may not adduce evidence from any other expert witness on the issues dealt with in the joint report.
Subdivision 3 Experts’ reports and expert evidence
31.27   Experts’ reports
(cf SCR Part 36, rule 13C; DCR Part 28, rule 9C; LCR Part 23, rule 1D)
(1)  An expert’s report must (in the body of the report or in an annexure to it) include the following—
(a)  the expert’s qualifications as an expert on the issue the subject of the report,
(b)  the facts, and assumptions of fact, on which the opinions in the report are based (a letter of instructions may be annexed),
(c)  the expert’s reasons for each opinion expressed,
(d)  if applicable, that a particular issue falls outside the expert’s field of expertise,
(e)  any literature or other materials utilised in support of the opinions,
(f)  any examinations, tests or other investigations on which the expert has relied, including details of the qualifications of the person who carried them out,
(g)  in the case of a report that is lengthy or complex, a brief summary of the report (to be located at the beginning of the report).
(2)  If an expert witness who prepares an expert’s report believes that it may be incomplete or inaccurate without some qualification, the qualification must be stated in the report.
(3)  If an expert witness considers that his or her opinion is not a concluded opinion because of insufficient research or insufficient data or for any other reason, this must be stated when the opinion is expressed.
(4)  If an expert witness changes his or her opinion on a material matter after providing an expert’s report to the party engaging him or her (or that party’s legal representative), the expert witness must forthwith provide the engaging party (or that party’s legal representative) with a supplementary report to that effect containing such of the information referred to in subrule (1) as is appropriate.
31.28   Disclosure of experts’ reports and hospital reports
(cf SCR Part 36, rule 13A; DCR Part 28, rule 8; LCR Part 23, rule 3)
(1)  Each party must serve experts’ reports and hospital reports on each other active party—
(a)  in accordance with any order of the court, or
(b)  if no such order is in force, in accordance with any relevant practice note, or
(c)  if no such order or practice note is in force, not later than 28 days before the date of the hearing at which the report is to be used.
(2)  An application to the court for an order under subrule (1) (other than an order solely for abridgment or extension of time) may be made without serving notice of motion.
(3)  Except by leave of the court, or by consent of the parties—
(a)  an expert’s report or hospital report is not admissible unless it has been served in accordance with this rule, and
(b)  without limiting paragraph (a), an expert’s report or hospital report, when tendered under section 63, 64 or 69 of the Evidence Act 1995, is not admissible unless it has been served in accordance with this rule, and
(c)  the oral expert evidence in chief of any expert is not admissible unless an expert’s report or hospital report served in accordance with this rule contains the substance of the matters sought to be adduced in evidence.
(4)  Leave is not to be given as referred to in subrule (3) unless the court is satisfied—
(a)  that there are exceptional circumstances that warrant the granting of leave, or
(b)  that the report concerned merely updates an earlier version of a report that has been served in accordance with subrule (1).
31.29   Admissibility of expert’s report
(cf SCR Part 36, rule 13B)
(1)  If an expert’s report is served in accordance with rule 31.28 or in accordance with an order of the court, the report is admissible—
(a)  as evidence of the expert’s opinion, and
(b)  if the expert’s direct oral evidence of a fact on which the opinion was based would be admissible, as evidence of that fact,
without further evidence, oral or otherwise.
(2)  Unless the court otherwise orders, a party may require the attendance for cross-examination of the expert by whom the report was prepared by notice served on the party by whom the report was served.
(3)  Unless the court otherwise orders, such a requirement may not be made later than—
(a)  in the case of proceedings for which the court has fixed a date for trial, 35 days before the date so fixed, or
(b)  in any other case, 7 days before the date on which the court fixes a date for trial.
(4)  The parties may not by consent abridge the time fixed by or under subrule (3).
(5)  If the expert’s attendance for cross-examination is required under subrule (2), the report may not be tendered under section 63, 64 or 69 of the Evidence Act 1995 or otherwise used unless the expert attends or is dead or the court grants leave to use it.
(6)  The party using the report may re-examine the expert if the expert attends for cross-examination pursuant to a requirement under subrule (2).
(7)  This rule does not apply to proceedings in the District Court or the Local Court or to proceedings on a trial with a jury.
31.30   Admissibility of expert’s report in District Court and Local Court
(cf DCR Part 28, rule 9; LCR Part 23, rule 2)
(1)  This rule applies to proceedings in the District Court or the Local Court.
(2)  If an expert’s report is served in accordance with rule 31.28 or in accordance with an order of the court, the report is admissible—
(a)  as evidence of the expert’s opinion, and
(b)  if the expert’s direct oral evidence of a fact on which the opinion was based would be admissible, as evidence of that fact,
without further evidence, oral or otherwise.
(3)  Unless the court orders otherwise—
(a)  it is the responsibility of the party requiring the attendance for cross-examination of the expert by whom an expert’s report has been prepared to procure that attendance, and
(b)  the party requiring the expert’s attendance must notify the expert at least 28 days before the date on which attendance is required.
(4)  Except for the purpose of determining any liability for conduct money or witness expenses, an expert does not become the witness for the party requiring his or her attendance merely because his or her attendance at court has been procured by that party.
(5)  A party who requires the attendance of a person as referred to in subrule (2)—
(a)  must inform all other parties to the proceedings that the party has done so at least 28 days before the date fixed for hearing, and
(b)  must pay to the person whose attendance is required (whether before or after the attendance) an amount sufficient to meet the person’s reasonable expenses (including any standby fees) in complying with the requirement.
(6)  If the attendance of an expert is required under subrule (2), the report may not be tendered under section 63, 64 or 69 of the Evidence Act 1995 or otherwise used unless the expert attends or is dead or the court grants leave to use it.
(7)  The party using an expert’s report may re-examine an expert who attends for cross-examination under a requirement under subrule (2).
(8)  This rule does not apply to proceedings on a trial with a jury.
31.31   Fees for medical expert for compliance with subpoena
(cf SCR Part 36, rule 13BA)
(1)  If a subpoena is served on a medical expert who is to give evidence of medical matters but is not called as a witness, the expert is, unless the court orders otherwise, entitled to be paid, in addition to any other amount payable to the expert, the amount specified in item 2 of Schedule 3.
(2)  The amount payable under subrule (1) must be paid to the expert by the issuing party within 28 days after the date for the expert’s attendance.
(3)  A party that requires an expert’s attendance under rule 31.29(2), but subsequently revokes it, must pay to the issuing party any amount paid by the issuing party under subrule (2), but otherwise such an amount is not recoverable by the issuing party from any other party unless the court so orders.
(4)  In this rule, issuing party means the party at whose request a subpoena is issued.
31.32   Service of subpoena on medical expert
(cf SCR Part 36, rule 13BB)
(1)  Service of a subpoena on a medical expert may be effected, at any place at which the expert’s practice is carried on, by handing it over to a person who is apparently engaged in the practice (whether as an employee or otherwise) and is apparently of or above the age of 16 years.
(2)  If a person refuses to accept a subpoena when it is handed over, the subpoena may be served by putting it down in the person’s presence after he or she has been told of its nature.
(3)  If a subpoena requires a medical expert to attend court on a specified date for the purpose of giving evidence on medical matters, it must be served on the expert not later than 21 days before the date so specified unless the court orders otherwise.
(4)  The parties may not by consent abridge the time fixed by or under subrule (3).
31.33   Subpoena requiring production of medical records
(cf SCR Part 36, rule 13BC)
(1)  A subpoena for production may require a medical expert to produce medical records or copies of them.
(2)  A person is not required to comply with a subpoena for production referred to in subrule (1) unless the amount specified in item 3 of Schedule 3 is paid or tendered to the person at the time of service of the subpoena or a reasonable time before the date on which production is required.
(3)  Rule 33.6 (Compliance with subpoena) does not apply to a subpoena to which subrule (1) applies.
(4)  Rule 33.7 (Production otherwise than on attendance) applies to the photocopies in the same way as it applies to the records.
(5)  If, after service of a subpoena for production referred to in subrule (1), the party who requested the issue of the subpoena requires production of the original medical records without the option of producing copies of them, the party must request the issue of, and serve, another subpoena requiring production of the original medical records.
31.34   Supplementary reports by expert witness
(cf SCR Part 36, rule 13C; DCR Part 28, rule 9C; LCR Part 23, rule 1D)
(1)  If an expert witness provides a supplementary report to the party by whom he or she has been engaged, neither the engaging party nor any other party having the same interest as the engaging party may use—
(a)  the supplementary report, or
(b)  any earlier report affected by the supplementary report,
unless all of those reports have been served on all parties affected.
(2)  For the purposes of this rule, supplementary report, in relation to an earlier report provided by an expert witness, includes any report by the expert witness that indicates that he or she has changed his or her opinion on a material matter expressed in the earlier report.
(3)  This rule does not apply to a report prepared by a court-appointed expert.
31.35   Opinion evidence by expert witnesses
(cf Federal Court Rules, Order 34A, rule 3)
In any proceedings in which two or more parties call expert witnesses to give opinion evidence about the same issue or similar issues, or indicate to the court an intention to call expert witnesses for that purpose, the court may give any one or more of the following directions—
(a)  a direction that, at trial—
(i)  the expert witnesses give evidence after all factual evidence relevant to the issue or issues concerned, or such evidence as may be specified by the court, has been adduced, or
(ii)  the expert witnesses give evidence at any stage of the trial, whether before or after the plaintiff has closed his or her case, or
(iii)  each party intending to call one or more expert witnesses close that party’s case in relation to the issue or issues concerned, subject only to adducing evidence of the expert witnesses later in the trial,
(b)  a direction that, after all factual evidence relevant to the issue, or such evidence as may be specified by the court, has been adduced, each expert witness file an affidavit or statement indicating—
(i)  whether the expert witness adheres to any opinion earlier given, or
(ii)  whether, in the light of any such evidence, the expert witness wishes to modify any opinion earlier given,
(c)  a direction that the expert witnesses—
(i)  be sworn one immediately after another (so as to be capable of making statements, and being examined and cross-examined, in accordance with paragraphs (d), (e), (f), (g) and (h)), and
(ii)  when giving evidence, occupy a position in the courtroom (not necessarily the witness box) that is appropriate to the giving of evidence,
(d)  a direction that each expert witness give an oral exposition of his or her opinion, or opinions, on the issue or issues concerned,
(e)  a direction that each expert witness give his or her opinion about the opinion or opinions given by another expert witness,
(f)  a direction that each expert witness be cross-examined in a particular manner or sequence,
(g)  a direction that cross-examination or re-examination of the expert witnesses giving evidence in the circumstances referred to in paragraph (c) be conducted—
(i)  by completing the cross-examination or re-examination of one expert witness before starting the cross-examination or re-examination of another, or
(ii)  by putting to each expert witness, in turn, each issue relevant to one matter or issue at a time, until the cross-examination or re-examination of all of the expert witnesses is complete,
(h)  a direction that any expert witness giving evidence in the circumstances referred to in paragraph (c) be permitted to ask questions of any other expert witness together with whom he or she is giving evidence as so referred to,
(i)  such other directions as to the giving of evidence in the circumstances referred to in paragraph (c) as the court thinks fit.
31.36   Service of experts’ reports in professional negligence claims
(cf SCR Part 14C, rules 1 and 6; DCR Part 28, rule 9B)
(1)  Unless the court orders otherwise, a person commencing a professional negligence claim (other than a claim against a legal practitioner) must file and serve, with the statement of claim commencing the professional negligence claim, an expert’s report that includes an opinion supporting—
(a)  the breach of duty of care, or contractual obligation, alleged against each person sued for professional negligence, and
(b)  the general nature and extent of damage alleged (including death, injury or other loss or harm and prognosis, as the case may require), and
(c)  the causal relationship alleged between such breach of duty or obligation and the damage alleged.
(2)  In the case of a professional negligence claim against a legal practitioner, the court may order the plaintiff to file and serve an expert’s report or experts’ reports supporting the claim.
(3)  If a party fails to comply with subrule (1) or (2), the court may by order made on the application of a party or of its own motion dismiss the whole or any part of the proceedings, as may be appropriate.
(4)  Without limiting subrule (1) or (2), the court may, on the application of any of the parties, give directions as to the expert evidence to be adduced at trial.
(5)  Directions under subrule (4) may be sought at any directions hearing or case management conference or by notice of motion.
(6)  Unless the court otherwise orders, no party may adduce any expert evidence at trial unless the evidence—
(a)  has been filed and served under subrule (1) or (2), or
(b)  has been served pursuant to directions given under subrule (4).
Subdivision 4 Parties’ single experts
31.37   Selection and engagement
(1)  If an issue for an expert arises in any proceedings, the court may, at any stage of the proceedings, order that an expert be engaged jointly by the parties affected.
(2)  A parties’ single expert is to be selected by agreement between the parties affected or, failing agreement, by, or in accordance with the directions of, the court.
(3)  A person may not be engaged as a parties’ single expert unless he or she consents to the engagement.
(4)  If any party affected knows that a person is under consideration for engagement as a parties’ single expert—
(a)  the party affected must not, prior to the engagement, communicate with the person for the purpose of eliciting the person’s opinion as to the issue or issues concerned, and
(b)  if the party affected has previously communicated with the person for that purpose, he or she must notify the other parties affected as to the substance of those communications.
31.38   Instructions to parties’ single expert
(1)  The parties affected must endeavour to agree on written instructions to be provided to the parties’ single expert concerning the issues arising for the expert’s opinion and concerning the facts, and assumptions of fact, on which the report is to be based.
(2)  If the parties affected cannot so agree, they must seek directions from the court.
31.39   Parties’ single expert may apply to court for directions
(1)  The parties’ single expert may apply to the court for directions to assist the expert in the performance of the expert’s functions in any respect.
(2)  Any such application must be made by sending a written request for directions to the court, specifying the matter in relation to which directions are sought.
(3)  A parties’ single expert who makes such an application must send a copy of the request to the parties affected.
31.40   Parties’ single expert’s report to be sent to parties
(1)  The parties’ single expert must send a signed copy of his or her report to each of the parties affected.
(2)  Each copy must be sent on the same day and must be endorsed with the date on which it is sent.
31.41   Parties may seek clarification of report
(1)  Within 14 days after the parties’ single expert’s report is sent to the parties affected, and before the report is tendered in evidence, a party affected may, by notice in writing sent to the expert, seek clarification of any aspect of the report.
(2)  Unless the court orders otherwise, a party affected may send no more than one such notice.
(3)  Unless the court orders otherwise, the notice must be in the form of questions, no more than 10 in number.
(4)  The party sending the notice must, on the same day as it is sent to the parties’ single expert, send a copy of it to each of the other parties affected.
(5)  Each notice sent under this rule must be endorsed with the date on which it is sent.
(6)  Within 28 days after the notice is sent, the parties’ single expert must send a signed copy of his or her response to the notice to each of the parties affected.
31.42   Tender of reports and of answers to questions
(1)  Subject to rule 31.23(3) and unless the court orders otherwise, the parties’ single expert’s report may be tendered in evidence by any of the parties affected.
(2)  Unless the court orders otherwise, any or all of the parties’ single expert’s answers in response to a request for clarification under rule 31.41 may be tendered in evidence by any of the parties affected.
31.43   Cross-examination of parties’ single expert
Any party affected may cross-examine a parties’ single expert, and the expert must attend court for examination or cross-examination if so requested on reasonable notice by a party affected.
31.44   Prohibition of other expert evidence
Except by leave of the court, a party to proceedings may not adduce evidence of any other expert on any issue arising in proceedings if a parties’ single expert has been engaged under this Division in relation to that issue.
31.45   Remuneration of parties’ single expert
(1)  The remuneration of a parties’ single expert is to be fixed by agreement between the parties affected and the expert or, failing agreement, by, or in accordance with the directions of, the court.
(2)  Subject to subrule (3), the parties affected are jointly and severally liable to a parties’ single expert for his or her remuneration.
(3)  The court may direct when and by whom a parties’ single expert is to be paid.
(4)  Subrules (2) and (3) do not affect the powers of the court as to costs.
Subdivision 5 Court-appointed experts
31.46   Selection and appointment
(cf SCR Part 39, rule 1; DCR Part 28A, rule 1; LCR Part 38B, rule 1)
(1)  If an issue for an expert arises in any proceedings the court may, at any stage of the proceedings—
(a)  appoint an expert to inquire into and report on the issue, and
(b)  authorise the expert to inquire into and report on any facts relevant to the inquiry, and
(c)  direct the expert to make a further or supplemental report or inquiry and report, and
(d)  give such instructions (including instructions concerning any examination, inspection, experiment or test) as the court thinks fit relating to any inquiry or report of the expert or give directions concerning the giving of such instructions.
(2)  The court may appoint as a court-appointed expert a person selected by the parties affected, a person selected by the court or a person selected in a manner directed by the court.
(3)  A person must not be appointed as a court-appointed expert unless he or she consents to the appointment.
(4)  If any party affected knows that a person is under consideration for appointment as a court-appointed expert—
(a)  the party affected must not, prior to the appointment, communicate with the person for the purpose of eliciting the person’s opinion as to the issue or issues concerned, and
(b)  if the party affected has previously communicated with the person for that purpose, he or she must notify the court as to the substance of those communications.
31.47   Instructions to court-appointed expert
The court may give directions as to—
(a)  the issues to be dealt with in a report by a court-appointed expert, and
(b)  the facts, and assumptions of fact, on which the report is to be based,
including a direction that the parties affected must endeavour to agree on the instructions to be provided to the expert.
31.48   Court-appointed expert may apply to court for directions
(1)  A court-appointed expert may apply to the court for directions to assist the expert in the performance of the expert’s functions in any respect.
(2)  Any such application must be made by sending a written request for directions to the court, specifying the matter in relation to which directions are sought.
(3)  A court-appointed expert who makes such an application must send a copy of the request to the parties affected.
31.49   Court-appointed expert’s report to be sent to registrar
(cf SCR Part 39, rule 3; DCR Part 28A, rule 3; LCR Part 38B, rule 3)
(1)  The court-appointed expert must send his or her report to the registrar, and a copy of the report to each party affected.
(2)  Subject to rule 31.23(3) and unless the court orders otherwise, a report that has been received by the registrar is taken to be in evidence in any hearing concerning a matter to which it relates.
(3)  A court-appointed expert who, after sending a report to the registrar, changes his or her opinion on a material matter must forthwith provide the registrar with a supplementary report to that effect.
31.50   Parties may seek clarification of court-appointed expert’s report
Any party affected may apply to the court for leave to seek clarification of any aspect of the court-appointed expert’s report.
31.51   Cross-examination of court-appointed expert
(cf SCR Part 39, rule 4; DCR Part 28A, rule 4; LCR Part 38B, rule 4)
Any party affected may cross-examine a court-appointed expert, and the expert must attend court for examination or cross-examination if so requested on reasonable notice by a party affected.
31.52   Prohibition of other expert evidence
(cf SCR Part 39, rule 6; DCR Part 28A, rule 6; LCR Part 38B, rule 6)
Except by leave of the court, a party to proceedings may not adduce evidence of any expert on any issue arising in proceedings if a court-appointed expert has been appointed under this Division in relation to that issue.
31.53   Remuneration of court-appointed expert
(cf SCR Part 39, rule 5; DCR Part 28A, rule 5; LCR Part 38B, rule 5)
(1)  The remuneration of a court-appointed expert is to be fixed by agreement between the parties affected and the expert or, failing agreement, by, or in accordance with the directions of, the court.
(2)  Subject to subrule (3), the parties affected are jointly and severally liable to a court-appointed witness for his or her remuneration.
(3)  The court may direct when and by whom a court-appointed expert is to be paid.
(4)  Subrules (2) and (3) do not affect the powers of the court as to costs.
31.54   Assistance to court by other persons
(cf SCR Part 39, rule 7; DCR Part 28A, rule 7; LCR Part 38B, rule 7)
(1)  In any proceedings, the court may obtain the assistance of any person specially qualified to advise on any matter arising in the proceedings and may act on the adviser’s opinion.
(2)  Rule 31.53 applies to and in respect of a person referred to in subrule (1) in the same way as it applies to and in respect of a court-appointed witness.
(3)  This rule does not apply to proceedings in the Admiralty List of the Supreme Court or to proceedings that are tried before a jury.
Division 3 Interpreters
31.55   Main purposes of Division
The main purposes of this Division are as follows—
(a)  to ensure that the court has control over the giving of evidence that is interpreted or translated into English,
(b)  to recognise the special status of an interpreter in the administration of justice by declaring the duties of an interpreter in relation to the court and the parties to proceedings,
(c)  to provide for rules based on the Model Rules set out in the Recommended National Standards for Working with Interpreters in Courts and Tribunals prepared by the Judicial Council on Cultural Diversity.
31.56   Definitions
In this Division—
accredited interpreter, in relation to an other language, means an interpreter who is accredited, registered or recognised as an interpreter for the language by a recognised agency.
accurately, in relation to interpreting or translating, means optimally and completely transferring the meaning of the other language into English and of English into the other language, preserving the content and intent of the other language or English (as the case may be) without omission or distortion and including matters that may be considered inappropriate or offensive.
code of conduct means the Court Interpreters’ Code of Conduct set out in Schedule 7A.
interpret means the process by which spoken or signed language is conveyed from one language (the source language) to another (the target language) orally.
other language means a spoken or signed language other than English.
recognised agency means—
(a)  the National Accreditation Authority for Translators and Interpreters (NAATI), or
(b)  any other organisation approved by the Chief Justice to be a recognised agency for the purposes of this Division.
sight translate means the process by which an interpreter or translator presents a spoken interpretation of a written text.
translate means the process by which written language is conveyed from one language (the source language) to another (the target language) in written form.
31.57   Proceedings generally to be conducted in English
Subject to this Division, proceedings in the court are to be conducted in English.
31.58   When interpreters may be engaged
(1)  If the court is satisfied that a witness cannot understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put to the witness, then the witness may give—
(a)  oral evidence in the other language that is interpreted into English by an interpreter in accordance with this Division, or
(b)  evidence by an affidavit or statement in English that has been sight translated to the witness by an interpreter in accordance with rule 31.62.
Note.
 Section 30 of the Evidence Act 1995 provides that a witness may give evidence about a fact through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put about the fact.
(2)  The party calling a witness requiring an interpreter is responsible for engaging an interpreter who meets the standards and requirements imposed by this Division.
(3)  If the court is satisfied that a party cannot understand and speak the English language sufficiently to enable the party to understand and participate in the proceedings, the court must permit the party to use an interpreter who meets the standards and requirements imposed by this Division so as to communicate with the court (but for no other purpose).
31.59   Who may act as an interpreter
(1)  A person must not act as an interpreter in proceedings or proposed proceedings unless the person—
(a)  is currently an accredited interpreter for the other language concerned or otherwise satisfies the court that the person is qualified to act as an interpreter, and
(b)  has read and agreed to comply with the code of conduct, and
(c)  takes an oath or makes an affirmation to interpret accurately to the best of the person’s ability.
(2)  Also, a person must not act as an interpreter if the person—
(a)  is or may become a party to, or a witness in, the proceedings or proposed proceedings (other than as the interpreter), or
(b)  is related to, or has a close personal relationship with, a party or a member of the party’s family, or with a witness or potential witness, or
(c)  has or may have a financial or other interest of any other kind in the outcome of the proceedings or proposed proceedings (other than an entitlement to a reasonable fee for the services provided by the interpreter in the course of the person’s engagement or appointment), or
(d)  is or may be unable to fulfil the person’s duty of accuracy or impartiality under rule 31.60 for any reason including, without limitation, personal or religious beliefs, or cultural or other circumstances.
(3)  A person acting as an interpreter must—
(a)  cease to act as an interpreter if the person becomes aware during a hearing of a matter referred to in subrule (2), and
(b)  immediately disclose the matter to the court.
(4)  The court may, where it is in the interests of justice, grant leave for a person to act as an interpreter despite not complying with the requirements under subrules (1)–(3), if (to the extent practicable)—
(a)  the court is satisfied that, because of the person’s specialised knowledge based on the person’s training, study or experience, the person is able to interpret and, if necessary, sight translate accurately to the level the court considers satisfactory in all the circumstances from the other language into English and from English into the other language, and
(b)  the person takes an oath or makes an affirmation to interpret accurately to the best of the person’s ability, and
(c)  the court is satisfied that the person understands and accepts that, in acting as an interpreter, the person—
(i)  is not the agent, assistant or advocate of the witness or the party for which the person is to act as an interpreter, and
(ii)  owes a paramount duty to the court to be impartial and accurate to the best of the person’s ability, and
(d)  the court directs that the evidence and interpretation be sound recorded for spoken languages and video recorded for sign languages, and
(e)  the person is over the age of 18 years.
(5)  Subrules (1)–(3) are subject to subrule (4).
31.60   Functions of interpreters
(1)  An interpreter owes a paramount duty to the court to be impartial and accurate to the best of the person’s ability.
(2)  The duty to the court overrides any duty the person may have to a party (regardless of whether the party engaged the person).
(3)  Unless the court otherwise orders, an interpreter must—
(a)  interpret questions and all other spoken communications in the hearing of the proceedings for the party from English into the other language and from the other language into English, and
(b)  subject to subrule (4), sight translate, whether before or during the course of the witness’ evidence, documents shown to the witness.
(4)  An interpreter may refuse to sight translate if—
(a)  the interpreter considers that the interpreter is not competent to do so, or
(b)  the task is too onerous or difficult by reason of the length or complexity of the text.
(5)  Unless the court otherwise orders, an interpreter may not assist a party or the party’s legal representatives in their conduct of proceedings or proposed proceedings (including a hearing) except by—
(a)  interpreting questions and other spoken or signed communications in connection with the proceedings or proposed proceedings from English into the other language and from the other language into English, or
(b)  sight translating documents in connection with the proceedings or proposed proceedings from English into the other language and from the other language into English.
31.61   Code of conduct for interpreters
(1)  An interpreter must comply with the code of conduct.
(2)  Unless the court otherwise orders, as soon as practicable after an interpreter is engaged or appointed for proceedings or proposed proceedings, a copy of the code of conduct is to be provided to the interpreter by—
(a)  if an interpreter is engaged by a party—the party, or
(b)  if the interpreter is appointed by the court—the court.
(3)  Unless the court otherwise orders, a witness may not give evidence using an interpreter unless the court is satisfied that the interpreter has read the code of conduct and agreed to be bound by it.
(4)  Subrules (1) and (3) have effect subject to rule 31.59(4).
31.62   Interpreted evidence
(1)  Unless the court otherwise orders, a party seeking to read a translated affidavit or statement of a witness who requires an interpreter is not entitled to rely on the affidavit or statement unless it includes a certification in the approved form by an accredited interpreter for the other language concerned, or such an accredited interpreter separately verifies by affidavit in the approved form, to the following effect—
(a)  before sight translating the affidavit or statement to the witness, the interpreter—
(i)  had read the code of conduct and agreed to be bound by it, and
(ii)  had been given an adequate opportunity to prepare to sight translate the affidavit or statement,
(b)  the interpreter sight translated the entire affidavit or statement to the witness and the witness then—
(i)  informed the person responsible for the preparation of the affidavit or statement through the interpreter that the witness had understood the interpreter and agreed with the entire contents of the affidavit or statement, and
(ii)  swore or affirmed the affidavit or signed the statement in the presence of the interpreter.
(2)  Unless the court otherwise orders, the interpreter referred to in subrule (1) may, but is not required to, be the interpreter who acts as the interpreter for that witness in any hearing in the proceedings.
(3)  The court may at any time, either of its own motion or on the application of a party, request an interpreter to correct, clarify, qualify or explain the interpreter’s interpretation of the evidence or sight translation of a document.
31.63   Court may give directions concerning interpreters
Without limiting the court’s powers to control its own procedures, the court may at any time give directions concerning all or any of the following matters having regard to the nature of the proceedings (including the type of allegations made and the characteristics of the parties and witnesses)—
(a)  any particular attributes required or not required for an interpreter, including, without limitation, gender, age or ethnic, cultural or social background so as to accommodate any cultural or other reasonable concerns of a party or the witness,
(b)  the number of interpreters required in any proceedings and whether relay interpreting should be used,
(c)  establishing the expertise of an interpreter,
(d)  the steps to be taken to obtain an interpreter who is an accredited interpreter for the other language concerned or is otherwise qualified to act as an interpreter,
(e)  the steps to be taken before an order under rule 31.59(4) is made,
(f)  what information concerning the proceedings (including, without limitation, pleadings, affidavits, lists of witnesses and other documents) may be provided to a person in advance of any hearing to assist that person to prepare to act as an interpreter at that hearing,
(g)  when, in what circumstances and under what (if any) conditions the information referred to in paragraph (f) may be provided,
(h)  whether an interpreter is to interpret the witness’ evidence consecutively, simultaneously or in some other way,
(i)  other resources such as dictionaries or other reference works that an interpreter may require to consult in the course of acting as an interpreter,
(j)  the length of time for which an interpreter should interpret during a hearing without a break,
(k)  security for an interpreter including, where necessary, arrangements to preserve the anonymity of the interpreter,
(l)  practical matters concerning an interpreter such as seating for and the location of the interpreter,
(m)  the disqualification, removal or withdrawal of an interpreter, including on the application of the interpreter or any party to the proceedings or by the court of its own motion,
(n)  the payment of interpreters.
31.64   Application of Evidence Act 1995 unaffected
This Division applies subject to the provisions of the Evidence Act 1995.