Commonwealth Consolidated Regulations

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Duty to Court and form of expert evidence

                   For an expert's duty to the Court and for the form of expert evidence, an expert witness should be guided by the Federal Court practice direction guidelines for expert witnesses.

Note:          While not intended to address all aspects of an expert's duties, the key points in the guidelines are:

*       an expert witness has a duty to assist the Court on matters relevant to the expert's area of expertise

*       an expert witness is not an advocate for a party

*       the overriding duty of an expert witness is to the Court and not to the person retaining the expert

*       if expert witnesses confer at the direction of the Court it would be improper for an expert to be given or to accept instructions not to reach agreement.

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