Frequently Asked Questions
Do you need an Expert Witness?
In some cases a party may retain a person who is a specialist in a subject for the purpose of providing his/her expert opinion on an aspect of the case. Such people may become an expert witness, if they are qualified in their area of expertise, training and specialised knowledge.
Thinking of using an Expert Witness?
Parties wanting to use expert evidence and expert witnesses in a proceeding should be familiar with the Evidence Act 1995 (including Part 3.3) and Part 23 of the Federal Court Rules 2011 (Rules).
What does an Expert Witness do?
​The role of an expert witness is to provide relevant and impartial evidence in their area of expertise. More information about the role of an expert witness is set out in the Expert Evidence Practice Note (GPN-EXPT). With the assistance of the expert evidence, the Court will reach its own conclusion in the proceedings.
give opinion evidence in the proceeding or
in certain circumstances, to express an opinion that may be relied upon in alternative dispute resolution procedures such as mediation or a conference of experts.
What Code of Conduct are Expert Witness's bound by?
Every expert witness giving evidence in this Court must read the Harmonised Expert Witness Code of Conduct (Code) and agree to be bound by it. The Code is attached to the Expert Evidence Practice Note (GPN-EXPT) as Annexure A.
The Code is not intended to address all aspects of an expert witness' duties, but is intended to facilitate the admission of opinion evidence, and to assist experts to understand in general terms what the Court expects of them.