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 | Fair Trading Tribunal
of New South Wales
Chairperson's Direction Number CD2/00
Written reports from experts
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| | Date:08/21/2000 |
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The purpose of this Direction is to:
- outline the duties of persons who give evidence as expert witnesses
- prescribe the practices to be followed where experts are required to give written reports.
OPERATION
1. This practice direction will apply from 1 October 2000 in respect of expert evidence given in Tribunal proceedings.
EXPERT'S DUTY TO THE TRIBUNAL
2. An expert witness has a paramount duty to the Tribunal and not to the party retaining the expert.
3. An expert witness has a duty to assist the Tribunal on matters relevant to the expert's expertise.
4. An expert witness is not an advocate for a party to a proceeding.
CONTENT AND FORM OF EXPERT'S WRITTEN REPORTS
5. Where the Tribunal has ordered that a written report from an expert is to be provided that report must include the following matters -
(a) the name and address of the expert;
(b) the expert's qualifications and experience;
(c) a statement setting out the expert's expertise to make the report;
(d) a statement of what the expert was asked to report about;
(e) the facts, matters and assumptions upon which the report is based;
(f) reference to those documents and other materials the expert has been instructed to consider or take into account in preparing his or her report and the literature or other material used in making the report;
(g) the identity of the person who carried out any tests or experiments upon which the expert relied in making the report and the qualifications of that person;
(h) a summary of the opinion or opinions of the expert including a statement identifying any provisional opinions that are not fully researched for any reason (identifying the reason why such opinions have not been or cannot be fully researched);
(i) a statement setting out any questions falling outside the expert's expertise
(j) and in Home Building Division cases only:
(i) if rectification or demolition or other alteration of premises is recommended, the reason(s) for such recommendation and
(ii) the likely cost(s) involved;
(iii) whether any alternative remedy or remedies are reasonably available.
(m) The expert must sign the report and date the report and declare at the end of the report, "I have made all the inquiries that I believe are desirable and appropriate and no matters of significance which I regard as relevant have to my knowledge been withheld from the Tribunal."
WHERE THE EXPERT CHANGES HIS OR HER OPINION ON MATERIAL MATTER
6. If an expert witness provides a written report and later changes his or her opinion on a material matter, that expert must, after the exchange of reports or at any other stage, communicate that change of opinion in writing to the party retaining him or her. That party must file the written notice of the change of opinion in the Tribunal at the earliest possible date and send a copy to the other party/ies.
7. Such a document must specify reasons why his or her opinion has changed.
WHERE THE TRIBUNAL DIRECTS EXPERT WITNESSES TO MEET
8. If expert witnesses retained by the parties meet at the direction of the Tribunal to narrow any points of difference between them and/or to identify any remaining points of difference they must each set out in writing in a document filed in the Tribunal any agreed points and all remaining points of difference.
9. If any expert witness directed by the Tribunal to meet with any other expert witness is instructed by a party not to reach agreement on any issue, those instructions must be reported in writing to the Tribunal.
GENERALLY
10. Parties to a proceeding must supply a copy of this practice note to any expert witness retained by them.
Issued pursuant to section 10(3) of the Fair Trading Tribunal Act 1998.
Effective: 1 October 2000
Dated: 21 August 2000
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