Who pays for an expert witness in a family law case?

In Plain English

Generally, when a single expert witness is used in a family law case, both parties involved (excluding an independent children's lawyer, if one is involved) are equally responsible for covering the expert's fees and expenses for preparing their report. The expert doesn't have to start working on the case until their fees are paid or there's a guarantee they will be paid. If a party wants to cross-examine the expert in court, that party is responsible for the expert's attendance fees and expenses, unless the court orders differently. The court can also make different orders about who pays for the expert.

Detailed Explanation

The Federal Circuit and Family Court of Australia (Family Law) Rules 2021 outline the rules regarding expert witnesses in family law cases.

• Single Expert Witness Fees: Rule 7.06(1) states that unless the parties agree otherwise or the court orders differently, the parties (excluding an independent children’s lawyer) are equally liable for the single expert witness’s reasonable fees and expenses incurred in preparing a report.
• Payment Required Before Work: Rule 7.06(2) clarifies that a single expert witness is not obligated to commence any work until their fees and expenses are either paid or secured.
• Cross-Examination Costs: Rule 7.09(3) specifies that the party requesting the single expert witness to attend court for cross-examination is responsible for paying the expert's reasonable attendance fees and expenses, unless the court orders otherwise.
• Court discretion: Rule 7.06(1) states that the court can make different orders about who pays for the expert.