Environment Court

5. Expert Witnesses - Code of Conduct

5.1 Expert witnesses to comply with code of conduct

5.1.1 A party to proceedings who engages an expert witness must either give the expert witness a copy of this code of conduct, or be satisfied that the expert witness has seen the code of conduct and is familiar it.

5.1.2 An expert witness must comply with the code of conduct in preparing any affidavit for filing with the Court, or in the preparation of a proposed brief of evidence, or in giving any oral evidence in any proceeding in the Court.

5.1.3 The evidence of any expert witness who has not read, or does not agree to comply with, the code of conduct may only be adduced with leave of the Court.

5.2 Duty to the Court

5.2.1 An expert witness has an overriding duty to assist the Court impartially on relevant matters within the expert's area of expertise.

5.2.2 An expert witness is not, and must not behave as, an advocate for the party who engages the witness.  Expert witnesses must declare any relationship with the parties calling them or any interest they may have in the outcome of the proceeding.

5.3  Evidence of an expert witness

5.3.1 In any evidence given by an expert witness, that person must, in the body of the witness's statement or affidavit (if the evidence is in writing) or orally (if the evidence is being given orally) -

(a) acknowledge that the expert witness has read this code of conduct and agrees to comply with it;

(b) state the witness's qualifications as an expert;

(c) describe the ambit of the evidence given and state either that the evidence is within the expert's area of expertise, or that the witness is relying on some other (identified) evidence;

(d) identify the data, information, facts, and assumptions considered in forming the witness's opinions;

(e) state the reasons for the opinions expressed;

(f) state that the expert witness has not omitted to consider material facts known to the witness that might alter or detract from the opinions expressed;

(g) specify any literature or other material used or relied upon in support of the opinions expressed;

(h) describe any examinations, tests, or other investigations on which the expert witness has relied, and identify, and give details of, the qualifications of any person who carried them out; and

(i) if quoting from statutory instruments (including policy statements and plans), do so sparingly. A schedule of relevant quotations may be attached to the statement of evidence, or a folder produced containing relevant excerpts may be produced.

5.3.2 If an expert witness believes that his or her evidence, or any part of it, may be incomplete or inaccurate without some qualification, that qualification must be stated in the evidence.

5.3.3  If an expert witness believes that his or her opinions are not firm or concluded because of insufficient research or data, or for any other reason, that must be stated in the evidence.

5.3.4 If after the exchange of a brief of evidence has occurred, an expert witness changes any of his or her opinions, that must be communicated without delay to the party or parties wishing to call the witness.