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Guidelines

Expert Report Guidelines

Comprehensive guidelines for preparing expert reports that meet court requirements, professional standards, and AIEW quality benchmarks.

These guidelines apply to all expert reports prepared by AIEW-accredited experts. They are designed to ensure consistency, quality, and compliance with court requirements across all Australian jurisdictions. Experts must familiarise themselves with these guidelines and the specific rules of any court in which they may give evidence.

1

Expert's Duty to the Court

  • An expert witness has an overriding duty to assist the court impartially on matters relevant to the expert's area of expertise.
  • An expert witness is not an advocate for a party.
  • An expert witness's paramount duty is to the court and not to the person retaining the expert.
2

Form of Expert Report

  • The expert's qualifications and the expertise in relation to the issues addressed.
  • All material facts, assumptions, and instructions upon which the report is based.
  • The expert's opinion and the reasons for the opinion.
  • References to any literature or other materials used to support the opinion.
  • Any examinations, tests, or investigations on which the expert has relied.
3

Opinion Evidence Requirements

  • Opinions must be based on the expert's specialised knowledge.
  • The factual basis for any opinion must be clearly stated.
  • If an opinion is not fully researched or qualified, this must be stated.
  • Alternative opinions or views must be acknowledged where appropriate.
4

Independence and Objectivity

  • The expert must maintain objectivity and independence throughout the engagement.
  • Any potential conflict of interest must be disclosed immediately.
  • The expert must not accept instructions that compromise independence.
  • Previous involvement with parties or subject matter must be disclosed.
5

Changes to Opinion

  • If the expert's opinion changes after the report is provided, the change must be communicated promptly.
  • The reasons for any change in opinion must be clearly explained.
  • Updated reports must be provided where opinions materially change.
6

Joint Expert Conferences

  • Experts must approach joint conferences with a genuine willingness to reach agreement.
  • Areas of agreement and disagreement must be clearly documented.
  • Reasons for any disagreement must be stated.
  • The joint report must be signed by all participating experts.

Questions About These Guidelines?

Contact the AIEW Standards Committee for clarification on any aspect of these guidelines.

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