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, therefore including a link to each of these documents in this tute and maintaining currency of all of them would be an endless task. Forensic Foundations has therefore decided to maintain links to the current documents in one central repository and then point all Forensic Foundations workshop, tutes and other materials to this one central repository.
Commonwealth
Evidence Act 1995
Victoria
Evidence Act 2008
- s79 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
Northern Territory
- Evidence (National Uniform Legislation) Act 2011
South Australia
Western Australia
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
Victoria
- Supreme Court (General Civil Procedure) Rules 2015 Order 44
- Supreme Court (Chapter I Expert Witness Code Amendment) Rules 2016
Queensland
Western Australia
South Australia
- Supreme Court Civil Rules 2006
- Chapter 7, Part 1, Division 3 r129 Expert Report
- Chapter 7, Part 9, Division 2 Expert Reports
- Chapter 7, Part 10, Division 3 Use of affidavit or expert report at trial
- Chapter 9, Part 4, Division 1 r213 Special power in relation to expert evidence
- Land and Valuation Division Rules 2014 Chapter 7, Part 9 Division 2 Expert Reports
- Magistrates Court Civil Rules r68-71
- Magistrates Court Rules 1992 (Criminal) r52
Tasmania
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
Commonwealth
- Federal Court Practice Note CM 7 (2013) Expert witnesses in proceedings of the Federal Court of Australia
- 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 – Expert Reports
- Supreme Court of Northern Territory Rules Order 44 Expert Evidence
Western Australia
- Consolidated Practice Directions multiple references to expert evidence
- District Court of WA Circular to Practitioners – Expert Evidence
South Australia
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/
