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Expert witnesses

Reference received: ​16 September 2004


Report 109, Expert witnesses [PDF, 1Mb], June 2005

Tabled in parliament: 15 September 2005

Legislative action: ​Uniform Civil Procedure Rules (Amendment No 12) 2006

Judicial citation: ​Wall v Cooper [2008] WASCA 53 [8]; Simon v Hunter and New England Area Health Service [2009] NSWSC 758 [47]

Issues paper

Issues Paper 25: Expert witnesses [PDF, 76Kb], November 2004

Judicial citation: ​Australian Securities and Investments Commission v Rich (2005) 190 FLR 242 (NSW SC) [335] 

Terms of reference

1. To inquire into and report on the operation and effectiveness of the rules and procedures governing expert witnesses in New South Wales.

2. In undertaking this inquiry, the Commission should have regard to:

  • recent developments in New South Wales and other Australian and international jurisdictions in relation to the use of expert witnesses, including developments in the areas of single or joint expert witnesses, court-appointed expert witnesses, and expert panels or conferences;
  • current mechanisms for the accreditation and accountability of expert witnesses for the purposes of court proceedings, including the practice of expert witnesses offering their services on a "no win, no fee" basis;
  • the desirability of sanctions for inappropriate or unethical conduct by expert witnesses; and any other related matter.

3. The Commission to report no later than 31 March 2005.