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Expert Witness Rules
Expert witnesses in the various Australian legal jurisdictions face a myriad of varied rules and codes of conduct.
These govern their specific obligations as expert witnesses providing expert evidence to the court. While for the most part the general requirements of these obligations are similar, there are some nuanced differences between jurisdictions which expert witnesses must note.
Furthermore, these differences exist at all stages of the judicial process, including:
1. How instructions are to be issued and received;
2. What written expert reports must contain;
3. Experts’ ongoing duties to court; and
4. Obligations while giving testimony in court.
The following table outlines and provides links to the various rules and codes of conducts for expert witnesses in civil matters when providing expert evidence across the various Australian jurisdictions.
Rules of Expert Evidence – An Overview
*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.
Generally, instructions to the expert witness from instructing solicitors should specify the relevant rules and codes of conduct applicable to the expert witness and any report. Often a copy of the rules etc. will also be provided to the expert. Should an expert witness have any queries as to the relevant rules and codes of conduct applicable they should ask their instructing solicitor to clarify.
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