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CODES OF CONDUCT
&
COURT GUIDELINES
Roles and responsibilities of the expert witness
An expert witness is a person who has recognised and reliable specialist knowledge, skills or experience in the particular area under consideration in a court case. Expert evidence is called by a court where there is a need to understand the nature of material presented that is outside the knowledge and experiences of the court. The role of the expert witness is to interpret factual information and form an independent and impartial opinion relevant to the issues in the action. The rules about the duties and obligations of an expert witness differ in detail from court to court.
In general, an expert witness:
• has a duty to assist the court impartially on matters relevant to the expert’s area of expertise;
• should state the facts or assumptions upon which his or her opinion is based including salient facts which may affect or detract from your opinion;
• is not an advocate for the party engaging them;
• should qualify their opinion as limited where a question or issue falls outside his or her field of expertise.
It is the duty of the instructing solicitor to supply the expert with a current copy of the appropriate code. This core principle is followed throughout Australia.
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QLD - Part 5, Divisions 1- 4 Uniform Civil Procedure Rules 1999
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WA - Annexure C Code of Conduct – Expert Witnesses (District Court)
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TAS - Expert Witness Code of Conduct (Supreme Court of Tasmania)
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VIC - Order 44 - Expert Evidence of the Victorian Supreme Court (General Civil Procedure) Rules 2015
Federal
Misc.
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