sitesearch

• home | 
• our people | 
• contact us

• Building & Construction
  • Building and Construction Law
  • Choosing a Building & Construction Lawyer
  • Security of Payment Act
  • Security for Costs
  • Expert Evidence
  • Statutory Warranties
  • Local Government & Prosecutions
  • Contractor's Debt Act
  • B&C FAQ
  • B&C Articles
  • Proportionate Liability Regime 
• Our People
• Testimonials
• Contact Us

Expert Evidence

The Expert's Affidavit evidence should be set out in a particular format that confirms with the decision of Makita (Australia) Pty Limited v Sprowles 2001 52 NSWR 705 (Heydon JA) - Mr Justice Heydon now a High Court Judge put foreward six requirements for the admissibility and proper receiptof expert evidence in proceedings. Heydon JA summaries the position at page 85 of the judgment as to the admissibility of evidence tendered as expert evidence:

• (a) It must be agreed or demonstrates that there is a field of 'specialised knowledge';


• (b) There must be an identified aspect of that field in which the witness demonstrates that by reason of specified training, study or experience, the witness has become an expert;


• (c) The opinion proferred must be 'wholly or substantially based on the witness expert knowledge';


• (d) So far as the opinion is based on facts 'observed' by the expert, they must be identified and admissibily proved by the expert, and so far as the opinion is based on 'assumed' or 'acepted' facts, they must be identified and proved in some other way.


• (e) It must be established that the facts on which the opinion is based form a proper foundation for it; and


• (f) The opinion of an expert requires demonstration or examination of the scientific or other intellectual bases of the conclusion reached; that is, the expert's evidence must explain how the field of 'specialised knowledge' in which the witness is expert by reason of 'training, study or expertise', and on which the opinion is 'wholly or substantially based' , applies to the facts assumed or observed so as to produce the opinion pronounced.

 

Please note that our provision of any telephone advice to you is only a general discussion to assist as to whether you wish to instruct us. Telephone discussions should not be construed as legal advice and are not to be relied upon. Legal advice which you can rely on can only be properly provided by us to you at or following an initial conference. We are not responsible for any action you may take or fail to take based upon the provision of our telephone advice to you. If you wish to arrange a conference, please contact us.

Online enquiry form

Watson & Watson are always available to provide expert building & construction legal advice and answer any of your questions.

Name:	*
Email:	*
Phone:	*

What legal advice do you need?

Security of Payment Act Defective Building Works Incomplete Building Works Development Applications Tribunal & Court Appearances Other Construction Matters

Comments: