Expert Information

At Expert Consulting we are dedicated to expert development and encourage consultants to be aware of the requirements and duties in relation to providing expert evidence.

DUTIES OF EXPERTS

All of our expert reports are checked for compliance with the Code of Conduct. Depending on the jurisdiction in which the matter is being heard, you will need to acknowledge the relevant expert witness code of conduct and be aware of the associated obligations of being an expert witness.

	Expert Evidence Practice Note (GPN-EXPT-2)
	Form 44A VIC Expert Witness Code of Conduct
	Schedule 1 ACT Expert Witness Code of Conduct
	Schedule 7: Uniform Civil Procedure Rules 2005
	Appendix 12A TAS Expert Witness Code of Conduct
	ACT Civil and Administrative Tribunal Expert Witness Code of Conduct

TIPS FOR EXPERTS

One of our aims is to demystify the process for consultants preparing and presenting their expert opinion. We have compiled a list of tips and would welcome your feedback on navigating the challenges of expert witness reporting.

1. You should assume that any drafts, notes and email communications between the instructing solicitor and you will be available for scrutiny by both the opposing party and the Court/Tribunal.
2. Lawyers will be involved with the report process insofar as the form of the opinion is concerned to ensure that admissibility issues are identified and addressed.
3. Don't comment on issues outside of your area of expertise. Let the instructing solicitor know if a question posed will extend beyond your specialised knowledge.
4. Along with acknowledging the relevant Code of Conduct, include a qualification in your report that all appropriate enquiries have been made and that no matters of significance have been withheld.
5. Invariably you will come across an opinion that disagrees with yours in whole or in part.  Avoid accusing another expert of being unqualified or responding in a condescending manner. Instead, highlight any difference of opinion with clear reasoning and explanation to support your view.
6. A change of opinion from an earlier report or draft is bound to happen on occasion but you must be prepared and able to demonstrate how you arrived at those conclusions, any subsequent information that you relied upon, and the reasons for the change.

CASES AND ARTICLES OF INTEREST

	Assumptions in expert reports
	'In My Opinion': When can an expert give opinion evidence
	Expert Witnesses: The importance of impartiality and independence
	High Court of Australia confirms requirements on the admissibility of expert evidence
	Baker and McKenzie: Experts Don Many Hats