Expert Evidence:

Expert Evidence is taken in both civil litigation proceedings and commercial litigation proceedings. This is the kind of evidence which a Court may need to rely on to ascertain some threshold issue, for example in cases of professional negligence, or where there is a question of causation, for example where damage has been occasioned and party’s are in dispute as to who is responsible. In building and construction cases, issues that may require expert evidence being adduced into Court proceedings may be encompass situations such as the following:

• A builder retains the services of a contractor or a sub-contractor for some specific purpose. The owner then states the alleged damage was caused by faulty workmanship. A dispute arises as to whose workmanship caused the damage or loss; or
• A builder, engineer or architect performs work in relation to a property development. The owner alleges that the work is substandard and has caused damage or loss. A dispute arises as to the alleged negligence of one of the parties.

Here, the expert will investigate the building site and any relevant materials connected with the project. A report will be drafted after the necessary inspections are made. The expert will be asked to offer an opinion which the Court will consider in making a determination of fact. Under the Uniform Civil Procedure Rules (UCPR) the report will need to enclose various documents and contain a statement that the expert has read and is familiar with the Expert Code of Conduct (which is contained as a schedule to the UCPR). Obviously, the expert will need to establish his credentials so that his opinion is weighed appropriately by the Court. Some issues to consider when locating an expert for a complex building and construction case are:

• The Expert’s career, how long he has been involved in the kind of industry in which he is providing an Expert Report, his experience and practical expertise;
• The Experts educations, his qualifications and the institutions which conferred them;
• The professional associations that the Expert is a member of;
• Any awards obtained which are relevant in establishing the Expert’s expertise and skills; and
• Any literature that the Expert has had published, and where.

Locating a good Expert can be crucial to case preparation and management. The civil and commercial litigation solicitors at Navado have been dealing with Experts for a number of years and in the context of a broad variety of cases. Building litigation and construction disputes often rely on expert evidence to ensure that a strong case is put to a Court or Tribunal. Briefing an expert is a skill that the Building and Construction Litigation Solicitor will have mastered while working in a building legal dispute team such as the one at Navado. When an Expert is provided with the necessary materials and access to the site, the real issues in contention can be honed in and the client’s case can be prosecuted with greater accuracy.

If you require assistance with a litigation matter which may require the assistance of an expert or expert evidence, you may wish to contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au and make an appointment to see one of our solicitors. 

This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.