Index

Updates and background for this project (Digest)

arguments for and against ... 9.51-9.64
court-maintained accreditation ... 9.65-9.68
current law and practice ... 9.44
illustrative schemes ... 9.46-9.50

Adversarial bias

definition ... 5.55, 5.56
historical background ... 2.17-2.31
solutions ... 5.14-5.20
varieties
deliberate partisanship ... 5.8
selection bias ... 5.13
unconscious partisanship ... 5.10-5.12

definition ... 1.10, 2.11
historical background ... 2.10-2.16

Australian Capital Territory

agreed or appointed expert witness ... 4.72-4.84, 7.5
concurrent evidence ... 4.70, 4.71

See also Adversarial bias

Code of conduct

admissibility of expert witness’s evidence ... 3.10- 3.12
application to court-appointed expert witnesses ... 3.28
Commission’s proposals ... 9.11-9.19, R 9.1
contents ... 3.9
conferences among expert witnesses ... 3.14-3.16
duty to the court of expert witness ... 3.13
report by expert witness ... 3.17-3.19, 9.14
purposes ... 9.10, 9.13
requirements
expert witness ... 3.11, 3.12
party engaging the expert witness ... 3.11

Australian Capital Territory ... 4.70, 4.71
benefits ... 4.49, 4.50, 6.48, 6.54, 6.56-6.60
definition ... 6.46-6.48
Family Court of Australia ... 4.67, 4.68
Federal Court of Australia ... 4.48-4.50
New South Wales ... 3.24-3.25, 6.49-6.52

benefits ... 6.36, 6,39-6.44
drawbacks ... 6.37, 6.41
England and Wales ... 4.12, 6.39
New South Wales ... 3.14-3.16, 6.35

Commission’s proposal ... 9.35-9.41, R 9.2
criticisms ... 9.21, 9.23-9.26, 9.35
definition ... 9.20
incidence of use ... 9.27-9.34

compared with joint expert witness ... 7.34-7.60
News South Wales court rules
appointment and selection of expert witness ... 3.26, 3.27
code of conduct ... 3.28
Commission’s proposed reforms ... 8.27-8.37, R 8.2
cross-examination of expert witness ... 3.30
remuneration of expert witness ... 3.32
report by expert witness ... 3.29
use of other expert witnesses ... 3.31
New South Wales Land and Environment Court ... 3.37-3.42, 7.54, 7.55
use of
generally ... 3.34-3.36
New South Wales ... 3.33

See Assessors

court-appointed expert witness ... 3.30
expert witness engaged by party ... 3.23

adversarial bias ... 5.5, 5.6
attributed histories ... 6.64
concurrent evidence ... 6.46-6.48
contingency fees ... 9.20-9.22
expert jury ... 2.3, 2.4
expert witness ... 3.8
expert ... 3.8
permission rule ... 6.7
referee ... 1.10

communications between lawyer and expert witness ... 6.21-6.28
reports by expert witnesses for use as evidence
benefits ... 6.19, 6.20, 6.26
Family Court of Australia ... 4.62
New South Wales ... 3.20-3.22, 6.22, 6.23
South Australia ... 6.24
reports by experts not for use as evidence ... .6.29-6.33

common law ... 3.10, 4.9. 9.6
England and Wales ... 4.9, 4.10
Family Court of Australia ... 4.56-4.58
New South Wales ... 3.13

conferences among expert witnesses ... 4.12
directions from the court, expert witness’s ability to seek ... 4.11
duty to the court of expert witness ... 4.9, 4.10
permission rule ... 4.7, 4.8
questions to clarify report by expert witness ... 4.15
report by expert witness ... 4.13
single joint expert witness
case law ... 4.19-4.26
court guidelines ... 4.17, 4.18
court rule ... 4.16
Woolf recommendation ... 4.4, 4.16, 7.4

Expert witness

Definition ... 3.8
See also Accreditation; Adversarial bias; Code of conduct; Concurrent evidence; Conferences among expert witnesses; Contingency fees; Court-appointed expert witness; Cross-examination; Duty to the court of expert witness; Historical background; Joint expert witness; Report by expert witness; Sanctions for expert witness misconduct; Single expert witness; Supplementary report by expert witness

concurrent evidence ... 4.67, 4.68
disclosure ... 4.62
instructions to expert witness ... 4.63
permission rule ... 4.54, 4.55
provision of information ... 4.66
remuneration of expert witness ... 4.65
report by expert witness ... 4.64
rights and duties of expert witness ... 4.56-4.58
single expert witness ... 4.59-4.61, 7.4, 7.5

concurrent evidence ... 4.48-4.50
expert witnesses in general ... 4.46

assessors ... 2.10-2.16
expert jury ... 2.3-2.9
expert witness ... 2.17-2.31

See Attributed histories

See also Concurrent evidence

benefits
minimise expert witness bias ... 7.14-7.20, 7.42, 7.43
reduce costs and delay ... 7.21-7.26, 7.42, 7.43
Commission’s proposals ... R 8.1
code of conduct ... 8.16, 8.17
cross-examination and re-examination of expert witness ... 8.24
directions from the court, expert witness’s ability
to seek ... 8.13, 8.14
instructions to expert witness ... 8.11, 8.12
parties may seek clarification of expert witness’s report ... 8.19, 8.20
prohibition on the use of other expert evidence ... 8.25
remuneration of expert witness ... 8.26
report by expert witness to be sent to parties ... 8.18
selection of expert witness ... 8.6-8.10
tendering of expert witness’s report ... 8.21, 8.22
compared with court-appointed expert witness ... 7.34-7.60
definition ... 7.6, 7.7
potential problems
delegation of court’s decision-making power ... 7.27, 7.28
where there are different schools of thought ... 7.29-7.32
See also Single expert witness

See Expert jury

See Disclosure

No win no fee arrangements

See Contingency fees

benefits ... 6.8-6.10
definition ... 6.7
England and Wales ... 4.7, 4.8
Family Court of Australia ... 4.54, 4.55

expert witnesses in general ... 4.35, 4.36
experts appointed before court proceedings have commenced ... 4.43-4.45
single expert witness ... 4.37-4.42, 7.5

See Cross-examination

Report by expert witness

England and Wales ... 4.13
Family Court of Australia ... 4.64
New South Wales
court-appointed expert witness ... 3.28
expert witness engaged by parties ... 3.17-3.19
See also Supplementary report, Disclosure

Sanctions for expert witness misconduct ... 9.70-9.76, R 9.3

Single expert witness

Australian Capital Territory ... 4.72-4.84
England and Wales ... 4.16-4.34
Family Court of Australia ... 4.59-4.61
New South Wales ... 3.7, 7.51
Queensland ... 4.27-4.42
See also Joint expert witness

Woolf reforms

background ... 4.2, 4.3
implementation ... 4.5
See also England and Wales
influence on the
Family Court of Australia ... 4.54
Federal Court of Australia ... 4.46, 4.47
summary of recommendations ... 4.4