Expert witness testimony

Independent valuation evidence for proceedings where specialist property opinion is required.

Expert conferences, report clarification and court testimony may be provided where separately instructed, properly scoped and accepted by the valuer.

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Independent expert evidence

The expert’s duty is to assist the court impartially.

An expert witness is not an advocate for the party who retains them. The expert must provide relevant and impartial evidence within their area of specialised knowledge.

Expert witness services may include review of instructions, preparation or clarification of an expert report, conference with solicitors, expert conclaves, joint reports and court attendance.

Availability, scope, court requirements, briefing material and fees must be agreed separately.

Court-specific rules, expert codes of conduct and procedural directions may apply. The instructing solicitor should provide the relevant code, questions and complete briefing material.

Independent Duty

Objective assistance to the court within the expert’s valuation expertise.

Solicitor Conferences

Discussion of instructions, issues, assumptions and valuation methodology.

Expert Conclaves

Participation in conferences with other experts and preparation of joint reports where directed.

Court Testimony

Oral evidence and cross-examination where attendance is separately arranged.

Expert engagement

A structured process for independent valuation evidence.

01

Review the proposed instruction

Confirm the questions, jurisdiction, timetable and required expertise.

02

Complete conflict and capacity checks

Confirm independence, availability and ability to comply with the timetable.

03

Review complete briefing material

Consider all relevant information, including material that may not support the retaining party’s position.

04

Provide independent evidence

Prepare the agreed report and attend conferences or court where separately instructed.

Frequently asked questions

Expert witness testimony questions.

Is court attendance included in the original valuation fee?
Usually not. Expert conferences, supplementary reports, conclaves and court attendance are separately scoped and charged.
Can the expert support a preferred valuation figure?
No. The expert must remain independent and must not act as an advocate for the retaining party.
What should the solicitor provide?
The relevant expert code, letter of instruction, questions, court timetable and all relevant briefing material should be provided.

Discuss an expert witness instruction.

Provide the jurisdiction, questions, timetable and existing valuation material so the proposed engagement can be reviewed.

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