Expert Witnesses - important issues 2025 - On Demand

Package includes:

On Demand Module  |  Electronic booklet  |  PowerPoint Presentation

Note: Access to the online files is via your "My CPD" page. If you would like to purchase multiple packages, please contact us here.

On Demand Module

In many cases, expert evidence can be pivotal to the determination of key issues and counsel will invariably be confronted with the task of both working with and challenging the evidence of expert witnesses. This module will provide you with an overview of the law, and practical guidance on dealing effectively with expert witnesses and incorporating expert evidence as part of a robust overall litigation strategy. It will cover updated similar material to the popular 2019 seminar, including:

• What is expert evidence?
• The statutory requirements for admissible expert evidence, including ss 7, 8 and 25 of the Evidence Act, with points on:
  - what is “substantially helpful”?
  - ultimate issue and common knowledge
• Effect of the High Court Rules (HCR) and the Code of Conduct for Expert Witnesses (Code):
  - impartiality and independence
  - the “basis” rule regarding underlying facts and assumptions
  - disclosure of literature, examinations, tests and other investigation
  - use of the Code outside the HCR
• The consequences of non-compliance with the Code
• Disciplinary and civil liability arising from expert evidence
• Due diligence in relation to experts
• Identifying the need for the assistance of an expert
• Selecting an expert
• Instructing an expert
• Practical issues to consider when calling the expert in court.

Learning objectives

By completing this module you will:

• Better understand the evidentiary requirements for all expert evidence.
• Incorporate expert evidence effectively as part of a litigation strategy

Electronic paper 

Authors: Chris Browne, Julie-Anne Kincade KC
Published: 8 May 2025
Pages: 24

Introduction

This paper aims to provide an overview of some key aspects of the law of evidence as it relates to expert witnesses.

It covers:

(a) the definition of an expert and expert evidence;
(b) the requirements of ss 7, 8 and 25 of the Evidence Act 2006 (Act);
(c) the Code of Conduct of Expert Witnesses in the High Court Rules 2016 (Code of Conduct) and how it governs expert evidence;
(d) the “basis” rule regarding underlying facts and assumptions;
(e) the consequences of non-compliance with the Code of Conduct, both for experts and lawyers; and
(f) handling experts and expert evidence in practice.

PowerPoint Presentation

These are the slides included in the presentation.