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Forensic Foundations
  • For Experts
    • Have you been:
      • Asked to conduct investigations, analysis, assessment or examinations?
      • Asked to collect samples for legal testing?
      • Asked to write a legal report?
      • Asked to give expert evidence?
      Are you apprehensive about:
      • What this involves?
      • Your legal obligations
      • The difference between fact and opinion?
      • Court protocol?
      • How to correctly answer the questions in court?
    • Workshops
          • Forensic Foundations provides one or two day workshops for professionals or organizations whose expertise may be called upon by the legal system.

            Since 2008 we have assisted hundreds of experts with 95% positive feedback.

            Workshops are tailored to the needs and experience of the participants – no two workshops are identical.

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          • Some of the workshops we conduct are:

            Legal awareness training

            From Collection to Court

            Withstanding Legal Scrutiny

            Expert witness training

            Advanced Court Skills

            Discipline specific training

    • Seminars
          • Seminars differ from workshops in that they are shorter in duration and are less interactive – although questions are encouraged.

            Seminars and speakers can be arranged for any group on topics including:

            • The interface of science and law;
            • Quality management;
            • The Australian legal system; or
            • Expert evidence.

            Contact us

    • One on one training
          • Forensic Foundations offers individual training for experts called to give evidence. This training will not cover case specific issues but will cover the general issues and concerns experience by those about to give evidence.

            Whilst there is a common law prohibition against coaching or training of witnesses, here is an exception (found in MOMODOU, Henry; LIMANI, Beher [2005] EWCA Crim 177 at 62)

            Contact us

  • For Lawyers
      • Do you examine or cross-examine experts?
      • Are you across the subject matter?
      • Do you know what you need to ask?
      • Do you need an expert to review another expert's findings?
      • 'Examining and cross examining expert witnesses is something that as advocates many of us dread or dreaded' Hon Mrs Justice Heather Hallet DBE
    • Workshops
          • Forensic Foundations provides one or two day workshops for legal practitioners.

            Since 2008 we have assisted many lawyers with 95% positive feedback.

            Workshops are tailored to the needs and experience of the participants – no two workshops are identical.

          • Some of the workshops we conduct are:

            DNA for Legal Practitioners

            Forensic Biology for Legal Practitioners

            Bayesian Reasoning and Statistics

            Quality Management and the Law

    • Seminars
          • Seminars differ from workshops in that they are shorter in duration and are less interactive – although questions are encouraged.

            Seminars and speakers can be arranged for any group on topics including:

            • Forensic science generally
            • Sub disciplines of forensic science e.g. DNA, Fingerprints, Crime scene examination
            • The interface of science and law
            • Application of statistics to forensic science
            • Quality management

            Contact us

    • Case Review / Consultancy
          • Forensic Foundations can provide advice or a consultancy service including case review with respect to DNA testing for both civil and criminal matters.

            We are also able to refer you to experts in other fields.

            Forensic Foundation is cognizant with and abides with the HARMONISED EXPERT WITNESS CODE OF CONDUCT including the General Duties to the Court

            An expert witness is not an advocate for a party and has a paramount duty, overriding any duty to the party to the proceedings or other person retaining the expert witness, to assist the Court impartially on matters relevant to the area of expertise of the witness.

            Contact us

    • Management of Expert Witness(es)
          • You use experts  because of their expertise in a particular field. However, they may not be experts in being expert witnesses and all that entails.

            Whilst there is a common law prohibition against coaching or training of witnesses, there is an exception (found in MOMODOU, Henry; LIMANI, Beher [2005] EWCA Crim 177 at 62).

            Forensic Foundations offers individual training /support for experts called to wrote reports and/or give evidence. This training will not cover case specific issues but will cover the general issues and concerns experience by those about to give evidence.

            Contact us

  • Proficiency Testing
    • Current Proficiency Tests
          • ISO17043 accredited

            Forensic Foundations provides end-to-end forensic proficiency tests encompassing all parts of real casework, rather than the traditional analytical stage only.

            We are currently offering a range of 2021 tests from Biology to Chemical Criminalistics to Fingerprints to Document Examination.

            There are a number of other tests in the design stage so bookmark this page for future reference.

            If you have a particular proficiency test or inter-laboratory collaborative test requirement, we may be able to assist you.

            2022 Shop

          • 2022 Proficiency Tests & Inter-lab Collaborative Trials

            Suggestions for additional Proficiency Tests

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    • Training kits
          • When you purchase a ‘Training Kit’, you will receive the test samples, associated paperwork and the manufacturer’s information.

            This test has no external review and can be used for training purposes.

          • 2022 Training kits

            2022 Shop

             

    • Completed Proficiency Tests
          • Once a proficiency test has been completed and the final report has been distributed to the participants, the report will be uploaded.

          • 2018 Completed Proficiency Tests

            2019 Completed Proficiency Tests

            2020 Completed Proficiency Tests

            2021 Completed Proficiency Tests

  • Online Tutorials
    • A tutorial is a method of transferring knowledge and may be used as a part of a learning process – it is more interactive and specific than a book or a lecture. tutes@forensicfoundations are online, informative and current
    • Provision of Expert Evidence
          • tutes@forensicfoundations

            The tutorials are currently unavailable as we are updating the delivery platform

            You may be exploring this series of tutes because you: 

            • have been asked to provide a legal opinion or write a legal report;
            • you are thinking of entering this arena; or 
            • your routine work may, at some stage, become involved with some legal action.

            These tutes are designed so that you can move through them in a logical sequence at your own pace.

          • Provision of Expert Evidence

            The Australian Legal system and an Introduction to Evidence

            Writing the report

            Giving evidence in Court

    • Coming Soon
          • Coming soon. We are the process of producing:

            Statistics for Forensic Science

            Forensic DNA Profiling

          • Statistics for Forensic Science

            Forensic DNA Profiling

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Associations and Organisations

National Institute of Forensic Science (NIFS)
Australian and New Zealand Forensic Science Society (ANZFSS)
Australian Academy of Forensic Sciences
National Association of Testing Authorities (NATA)
Australian Society for Forensic Odontology
National Clearinghouse for Science, Technology and the Law

Forensic Foundations Social Media

Forensic Foundations Social Media Releases

Conferences

iafs2023

Court guidelines and rules Re: Expert Witnesses

The reception of expert evidence is governed by statute (created by parliament), delegated legislation (also known as statutory rules, subordinate legislation or legislative instruments created by the Courts and authorised by statute) and court practice directions or guides.

These are updated on a regular basis. Forensic Foundations has therefore decided to maintain links to the current documents in this central repository and then point all Forensic Foundations workshop, tutes and other materials to this location.

Statute

Commonwealth

Evidence Act 1995

  • Exception to the Opinion Rule based on specialised knowledge, Section 79
  • Certificates of expert evidence

Victoria

Evidence Act 2008

  • Sect. 79 Exception to the Opinion Rule based on specialised knowledge,
  • s177 Certificates of expert evidence 
  • Civil Procedure Act 2010 Part 4.6 Expert Witnesses and Expert Evidence 

NSW

Evidence Act 1995

  • s79 Exception to the Opinion Rule based on specialised knowledge
  • s177 Certificates of expert evidence 

Australian Capital Territory

Evidence Act 2011

  • s79 Exception to the Opinion Rule based on specialised knowledge 
  • s177 Certificates of expert evidence

Tasmania

  • Evidence Act 2001
    • s79 Exception to the Opinion Rule based on specialised knowledge 
    • s177 Certificates of expert evidence 
    • s177A Certificate of analyst

Northern Territory

  • Evidence (National Uniform Legislation) Act 2011
    • s79 Exception to the Opinion Rule based on specialised knowledge 
    • s177 Certificates of expert evidence

South Australia

  • South Australia Magistrates Court Act 1991 S 29 Expert reports

Western Australia

  • Evidence Act 1906 s32A 
Delegated Legislation

Commonwealth

Family Law Rules Part 15.5 Expert Evidence

NSW

  • Uniform Civil Procedure Rules 2005
    • Part 31 (Evidence) Division 2 (Provisions applicable to expert evidence generally)
    • Uniform Civil Procedure Rules Schedule 7 – Expert Witness Code of Conduct
  • Supreme Court Rules 1970
    • ss 75.3.J  & 75.3.K

Victoria

  • Supreme Court (General Civil Procedure) Rules 2015 Order 44
  • Supreme Court (Chapter I Expert Witness Code Amendment) Rules 2016

Queensland

  • Uniform Civil Procedures Rules 1999 Chapter 11, Part 5 Expert Evidence

Western Australia

  • Rules of the Supreme Court 1971 Order 36A 

South Australia

  • Supreme Court & Magistrates Court Uniform Civil Rules 2020 
    • Chapter 7, Part 14,  Expert Report
  • Land and Valuation Division Rules 2014 Chapter 7, Part 9 Division 2 Expert Reports
  • Magistrates Court Rules 1992 (Criminal) r52

Tasmania

  • Supreme Court Rules 2000 Part 19, Division 5 Expert Opinion Evidence 515 – 517

Australian Capital Territory

  • Court Procedure Rules 2006 (ACT)
    • Chapter 2 Part 2.12 Expert evidence
    • Chapter 4, Part 4.1 Division 4.1.1 r4000 Criminal Proceedings – application of expert witness code of conduct
    • Schedule 1 Expert Witness Code of Conduct
Practice notes and guidelines

Commonwealth

  • Federal Court Expert Evidence Practice Note 25/10/16
  • Administrative Appeals Tribunal Guidelines for Persons Giving Expert and Opinion Evidence 
  • Administrative Appeals Tribunal Guidelines for the Use of Concurrent Evidence in the Administrative Appeals Tribunal

NSW

  • Supreme Court Practice Note SC Gen 10 Single Expert Witnesses 
  • Supreme Court Practice Note SC Gen 11 Joint Conferences of Expert Witnesses
  • Local Court Practice Note Civ 1 Part E Expert Evidence
  • NCAT & NSW Civil and Administrative Tribunal Procedural Direction 3 – Expert Witnesses 

Victoria

  • Expert Evidence in Criminal Trials
  • County Court Criminal Division Practice Note
  • VCAT Practice Note PNVCAT 2 – Expert Evidence

Queensland

  • Supreme Court Practice Direction 2 of 2005 Expert Evidence 
  • Practice Direction for the Use of Concurrent Evidence in the Queensland Coronial Jurisdiction 

Northern Territory

  • Practice Direction No 4 of 2009 (repealed) – Expert Reports
  • Practice Direction No 6 of 2015 – Expert Reports
  • Supreme Court of Northern Territory Rules Order 44 Expert Evidence 

Western Australia

  • Supreme Court Consolidated Practice Directions multiple references to expert evidence 
  • District Court of WA Circular to Practitioners – Expert Evidence 

South Australia NOTE: Rules are uniform for Higher courts and Magistrates Court

  • Uniform Civil Rules: Expert Reports Chapter 7 Part 14
Queensland Legislation

Coroners Act 2003 http://www6.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/ca2003120/

Evidence Act 1977 http://www6.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/ea197780/

Police Powers and Responsibility Act 2000 http://www6.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/ppara2000365/

Drugs Misuse Act 1986 http://www6.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_act/dma1986165/

Drugs Misuse Regulation 1987 http://www6.austlii.edu.au/cgi-bin/viewdb/au/legis/qld/consol_reg/dmr1987256/

Health Act 1937 http://classic.austlii.edu.au/au/legis/qld/consol_act/ha193769/

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Photos: County Court of Victoria. Used with permission.
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