Expert witness rules

Expert witnesses in Australia must follow specific rules and codes, which vary slightly across jurisdictions. These differences apply throughout the legal process, including:

  • How instructions are to be issued and received
  • What written expert reports must contain
  • Experts’ ongoing duties to court
  • Obligations while giving testimony in court

Rules of expert evidence – an overview

Jurisdiction

Evidence Act

Civil Procedure Rules relating to Expert Evidence

Expert Witness Code of Conduct

Supreme Court of the Australian Capital Territory [ACTSC]
SEE DETAILS
Uniform Evidence Act Evidence Act 2011 (ACT)
SEE DETAILS
Court Procedures Rules 2006 (ACT) Part 2.12 Expert Evidence Rules 1200—1246
SEE DETAILS
Schedule 1 Expert Witness Code of Conduct
SEE DETAILS
Federal Court of Australia [FCA]
SEE DETAILS
Uniform Evidence Act Evidence Act 1995 (Cth)
SEE DETAILS
Federal Court Rules 2011 (Cth) Rule 5.04 and Part 23 Experts RR 23.01—23.15
SEE DETAILS
Expert Evidence Practice Note (GPN-EXPT) 2016 including Annexure A: Harmonised Expert Witness Code of Conduct
SEE DETAILS
Supreme Court of New South Wales [NSWSC]
SEE DETAILS
Uniform Evidence Act Evidence Act 1995 (NSW)
SEE DETAILS
Uniform Civil Procedure Rules 2005 (NSW) Rules 31.17—31.54
SEE DETAILS
Schedule 7 Expert Witness Code of Conduct
SEE DETAILS
Supreme Court of the Northern Territory [NTSC]
SEE DETAILS
Uniform Evidence Act Evidence Act 2011 (NT)
SEE DETAILS
Supreme Court Rules (NT) Order 44 Expert Evidence
SEE DETAILS
-
Supreme Court of Queensland [QSC]
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Common law Evidence Act 1977 (Qld)
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Uniform Civil Procedure Rules 1999 (Qld) Ch 11, Part 5, Division 2 Rules 423—429S
SEE DETAILS
-
Supreme Court of South Australia [SASC]
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Common law Evidence Act 1929 (SA)
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Uniform Civil Rules 2020 (SA) Part 14, Rule 151.4 and 172.3
SEE DETAILS
Uniform Civil Rules 2020 (SA) Part 14 Division 3 – Expert Code of Conduct
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Supreme Court of Tasmania [TSC]
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Uniform Evidence Act Evidence Act 2001 (Tas)
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Supreme Court Rules 2000 (Tas) Part 19 Division 5 Expert Opinion Evidence Rules 514—517
SEE DETAILS
Supreme Court Of Tasmania Practice Direction No 1 of 2016 – Expert Evidence Code of Conduct
SEE DETAILS
Supreme Court of Victoria [VSC]
SEE DETAILS
Uniform Evidence Act Evidence Act 2008 (Vic)
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Supreme Court Rules 2005 (Vic) Order 44 Expert Evidence Rules 44.01—44.06
SEE DETAILS
Form 44A Expert Witness Code of Conduct
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Supreme Court of Western Australia [WASC]
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Common law Evidence Act 1906 (WA)
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Rules of the Supreme Court 1971 (WA) Order 36A Expert Evidence Rules 1—9
SEE DETAILS
Supreme Court of Western Australia Practice Directions: - Harmonised Expert Witness Code of Conduct: Practice Direction 4.5.2.1.
SEE DETAILS
Federal Circuit and Family Court of Australia [FCFC]
SEE DETAILS
Uniform Evidence Act Evidence Act 1995 (Cth) and Family Law Act 1975 (Cth) Part XI – Procedure and Evidence Family Law Rules 2004 Part 15.6 and Family Law Regulations 1984
SEE DETAILS
Family Law Rules 2004 Division 15.5.5
SEE DETAILS

*Note the above table summarising the rules for expert witnesses has been adapted from that contained in the MTECC publication: The rules for expert evidence in Australia by Donald Charrett.

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