HOUSE OF ASSEMBLY
LAID ON THE TABLE
27 Sep 2016
South Australia
Supreme Court CivilRules 2006 (Amendment N0 33)
By virtue and in parsuance of section 72 of the SI!preme COM1i Her 1935 and all other
enabling powers, we, Judges of the Supreme Court of South Australia, make the following
Saypreme Court CivilRz{Ies 2006 44mendmentN0 33),
I, These Rules may be cited as the SI!preme Court CivilRt!188 2006 111me}?dinen!N0 33).
2. The amendments made by these Rules come into effect on I October 2016 or the date
of their gazettal, whichever is later.
3. The SIIpreme COMrt CivilR"Ies 2006are amended asset out below.
4. Rule 40A(d)(in) is amended by substituting "rule 247" for "tequivalent of Pictori@n
Order 3741".
5. Rule 40E is amended by substituting "a notice of address for service or defence" for"an
appearance".
6. Rule 40F(I) is amended by substituting "file a notice of address for service or defence"
for "enter an appearance".
7. Rules4isamendedby:
(a)
inserting anew subrule (8) as follows:
"(8) Forthe avoidance of doubt, nothing in his rule preventsthe Court pennitting
an amendment to add a cause of action that is statute barred orintroduce a
defendant against whom a fresh action would be statute barred on the basis that
that the amendment notrelate backto the conrrnencement of the action and
the addition orintroduction be subject to the subsequent gi. anting of an
extension of time under section 48 of the Limi!atto}?s of, 40nonsAct 1936 or
other statutory power.
Note-
See Brook. , Fit"ders University of Soulh, jus!"alla (1988) 47 SASR 1/9. "
(b) is renumberingexistingsubrule(8)assubrule(9).
8.
Rule 74 is amended by:
(a)
deleting subrules (5) and (6); and
(b)
inserting the following note at the Grid of the rule:
"Note-
Rule 54 governs applicationsto introduce a defendant against whom a fresh action would be
statute barred. "
9.
Rule 160 is amended by inserting new subrules(2A),(2B) and (2C) as follows:
"(2A) A party requesting an expert report isto set outin a letter to the expert (a) the assumptions the expert is requested to make for the purpose of
expressing an opinion;
,
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(b) the materials provided to the expert for the purpose of expressing an
opinion;
(0) the questions on which the expert is asked to express opinion.
(2B) A party requesting an expert report is within five business days of sending a
letter to an expert under subrule (2A) to serve on each other party to the action
a copy of the letter.
(2C) To the extentpracticable, whenprepating areport (" re, ;ponstve rayort)in
response to orin the same field of expertise and dealing with the same SIIbject
matter as an expert report by another expert ("prior elk;pert), an expert should
confer with the prior expert aboutthe assumptions and opinionsthe subject of
their respective reports. "
10.
Rule 160(3)is amended by renumbering existing parag'aph (g) as (i) and inserting new
paragt. aphs (g) and (by as follows:
"(g) identify whether the expert has complied with subrule (2C) and if not
why not;
(11) identify the differences (if any) in assumptions made and opinions
expressed compared to those made and expressed by a prior expert (if
any);"
II.
Rule 160(7) (a) is amended by deleting "or within 5 business days after".
12.
New subrules (8) to (11) are inserted in Rule 160 as follows:
"(8) Notwithstanding subrule (3) but without affecting the obligation of apartyto
serve expert reports complying with subrule (3) by the relevanttime limit in
accordance with subrule (1), aparty is at liberty at any time before the relevant
time limitto obtain and serve a summary expertreportthat does not comply
with subrule (3).
(9) For the purpose of this rule, a $3, "tingry e. x;pert ^eportis a report that sets out
in swumaryform assumptions made and opinions held by an expert on issues
relevantin the action.
(10) Forthe avoidance of doubt, an expert report(including a sunXEnary expert
report) served under this rule is not subject to legal professional privilege and
may be the subject of questions at trial and, ifotherwise admissible, maybe
tendered in evidence at trial.
(11) Ifa party obtains an expert report(including a summary expertreport) before
the relevanttime limit, unless the Court otherwise orders, the party is within
five business days of receipt to serve a copy of the report on each other party
to the action. "
GIVEN under our hands and the Sealofthe Supreme Court of South Australia
this 29''da August
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