In an ex tempore judgment in the matter of Macquarie International Health Clinic v Sydney Local Health District [2013] NSWSC 970, the court made a direction:

… which has, at its heart, the intention of ensuring that experts understand that when they accept a brief to provide expert evidence to the Court they themselves become personally responsible to the Court for compliance with the Court’s directions in relation to when their reports must be provided..

The Court commented:

… on the assumption that the parties themselves comply with that obligation in providing timely instructions and information to the expert, the Court wishes to make it clear that experts must understand that they themselves bear a direct responsibility to the Court for compliance with the Court’s directions in relation to when their report is to be ready for filing and service and the form of the report itself.