Become a Confident Witness

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] Uniform Evidence Act Evidence Act 2011 (ACT) Court Procedures Rules 2006 (ACT) Part 2.12 Expert Evidence Rules 1200—1246 Schedule 1 Expert Witness Code of Conduct
Federal Court of Australia [FCA] Uniform Evidence Act Evidence Act 1995 (Cth) Federal Court Rules 2011 (Cth) Rule 5.04 and Part 23 Experts RR 23.01—23.15 Expert Evidence Practice Note (GPN-EXPT) 2016 including Annexure A: Harmonised Expert Witness Code of Conduct
Supreme Court of New South Wales [NSWSC] Uniform Evidence Act Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Rules 31.17—31.54 Schedule 7 Expert Witness Code of Conduct
Supreme Court of the Northern Territory [NTSC] Uniform Evidence Act Evidence Act 2011 (NT) Supreme Court Rules (NT) Order 44 Expert Evidence -
Supreme Court of Queensland [QSC] Common law Evidence Act 1977 (Qld) Uniform Civil Procedure Rules 1999 (Qld) Ch 11, Part 5, Division 2 Rules 423—429S -
Supreme Court of South Australia [SASC] Common law Evidence Act 1929 (SA) Uniform Civil Rules 2020 (SA) Part 14, Rule 151.4 and 172.3 Uniform Civil Rules 2020 (SA) Part 14 Division 3 – Expert Code of Conduct
Supreme Court of Tasmania [TSC] Uniform Evidence Act Evidence Act 2001 (Tas) Supreme Court Rules 2000 (Tas) Part 19 Division 5 Expert Opinion Evidence Rules 514—517 Supreme Court Of Tasmania Practice Direction No 1 of 2016 – Expert Evidence Code of Conduct
Supreme Court of Victoria [VSC] Uniform Evidence Act Evidence Act 2008 (Vic) Supreme Court Rules 2005 (Vic) Order 44 Expert Evidence Rules 44.01—44.06 Form 44A Expert Witness Code of Conduct
Supreme Court of Western Australia [WASC] Common law Evidence Act 1906 (WA) Rules of the Supreme Court 1971 (WA) Order 36A Expert Evidence Rules 1—9 District Court of WA: Consolidated Practice Directions & Rules to Practitioners 2019: Annexure 3: Code of Conduct – Expert Witnesses (PD 11)
Federal Circuit and Family Court of Australia [FCFC] 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 Family Law Rules 2004 Division 15.5.5

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