Expert Witness Code of Conduct
& Independence
Karim Ali's approach to the expert witness duty of independence. Applicable codes of conduct across Australian courts and tribunals, the duty to the court, and what independence means in practice for WHS expert witness work.
The Expert Witness Duty to the Court
An expert witness in Australian courts and tribunals owes a paramount duty to the court. This duty overrides the duty to the instructing party. It requires the expert to give an honest opinion based on the evidence, to acknowledge the limits of their expertise, to concede points that are genuinely concedable and to maintain opinions that are well-grounded even under pressure from the instructing party or in cross-examination.
Karim Ali applies this duty in every engagement. He does not give opinions he does not hold. He does not overstate the strength of his opinion or its certainty. He does not omit material facts that are unfavourable to the instructing party. He acknowledges where the evidence is incomplete or where his opinion is qualified.
This commitment to independence is not merely a formal compliance obligation. It is what makes an expert witness credible and therefore useful in proceedings. An expert who is perceived as a hired gun does not assist the court and does not assist the instructing party. A credible, independent expert who holds opinions under cross-examination is the most effective expert a party can call.
Expert Witness Codes Across Australian Courts
Different Australian courts and tribunals have different expert evidence requirements. All Karim's reports are prepared to comply with the specific requirements of the forum in which the matter is proceeding.
- Federal Court of Australia: Expert Evidence Practice Note GPN-EXPT
- NSW Supreme and District Courts: Schedule 7 to the Uniform Civil Procedure Rules 2005
- NSW Personal Injury Commission: PIC Direction on Expert Evidence
- Victorian courts: Order 44 of the Supreme Court (General Civil Procedure) Rules
- Queensland courts: Uniform Civil Procedure Rules 1999 (Qld), Chapter 11
- South Australian Employment Tribunal: SAET Practice Direction on Expert Evidence
- Federal Circuit and Family Court: Expert Witness Code of Conduct
Independence means the opinion given is the same regardless of whether the instructing party is plaintiff or defendant. It means the preliminary assessment given before a report is commissioned is honest, even where it does not assist the instructing party's position. It means the report acknowledges the limits of the evidence and does not draw inferences beyond what the facts support.
Core Expert Witness Obligations
- The expert's duty is to the court, not to the instructing party
- The opinion must be wholly within the expert's area of expertise
- All facts and assumptions material to the opinion must be stated
- The expert must acknowledge material matters that qualify or detract from the opinion
- The expert must acknowledge if the opinion is not final or is based on incomplete information
- The expert must promptly notify the instructing party if the opinion changes
- The report must comply with the applicable expert evidence code for the forum
Conflict Management
A conflict of interest exists where a prior engagement in the same matter, or a personal relationship with a party, could impair the independence of the expert's opinion. Karim conducts a conflict check before accepting any instruction and declines instructions where a conflict exists.
Conflict checks are conducted against prior instructions in the same matter, not against the parties' firms or against unrelated prior matters. Where Karim has previously provided an opinion for one party in a matter, he will not accept an instruction from the other party in the same matter.
Solicitors are encouraged to provide the names of all parties to the proceedings when making an initial enquiry so the conflict check can be completed before any material about the matter is disclosed.
Instruct Karim
Contact Karim Ali to discuss your matter. Independence guaranteed.