The (Australasian) Rules Harmonisation Committee of the Council of Chief Justices has developed a uniform
Expert Witness Code of Conduct, which is designed, eventually, to apply in courts throughout Australia (and, we here at Legal Empowerment hope, in New Zealand too). The rules do not take effect unless/until adopted by the various courts.

So far, the uniform Expert Witness Code of Conduct has been adopted in the following jurisdictions:

  • Federal Court of Australia: via Appendix A to an Expert Evidence Practice Note issued by the Chief Justice on 25 October 2016.
  • ACT Supreme Court: Schedule 1 to the Courts Procedures Rules 2006 was replaced on 29 June 2016
  • NSW Supreme Court: on 9 December 2016, Schedule 7 to the Uniform Civil Procedure Rules 2005 was replaced with the uniform Expert Code.
  • Tasmania Supreme Court: on 5 January 2016, Division 5 of the Supreme Court Rules 2000 was amended and the Chief Justice issued a Practice Direction directing that the uniform Expert Code would now apply.
  • Victoria Supreme Court: On 1 June 2016, Form 44A of the Supreme Court Rules was replaced with the uniform Expert Code.

As at March 2017, the Supreme Courts of the Northern Territory, Queensland, South Australia and Western Australia and the High Court of New Zealand had yet to adopt the uniform Expert Code.

 

Share this post