The Expert Witness Code of Conduct and Guidelines
Expert opinions must comply with the relevant state code established by legislation for the conduct of witnesses. These codes specify that the expert’s general duty is to the Court, rather than the party retaining the expert.
An expert witness should provide independent assistance to the Court by way of objective, unbiased opinion in relation to matters only within his or her 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.
- Schedule 1 – Expert Witness Code of Conduct (ACT)
- Schedule 7 – Uniform Civil Procedure Rules 2005 [UCPR] (NSW)
- Annexure 3 – Code of Conduct – Expert Witnesses (District Court WA)
- Uniform Civil Procedure Rules 1999 – Reg 428 Requirements for report [Queensland Consolidated Regulations]
- Expert Witness Code of Conduct (Supreme Court of Tasmania)
- Order 44 – Expert Evidence of the Victorian Supreme Court (General Civil Procedure) Rules 2015
- Part 23 of Federal Court Rules 2011 – Experts
- Part 15.5 of the Family Law Rules 2004 – Expert Evidence
- Guidelines for Persons Giving Expert and Opinion Evidence (AAT)
- Uniform Civil Rules 2020 South Australia
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