Introduction
In January last year, the Supreme Court of Tasmania was the
first court to adopt rules for expert evidence that are consistent
with the harmonised 'Expert Witness Code of Conduct'. The
harmonised code has been developed by a committee established by
the Council of Chief Justices.
Three other Supreme Courts – New South Wales, Victoria and
the ACT – as well as the Federal Court - did the same later
in the year.
We don't yet know whether the harmonised code will be
adopted in the other Supreme Court jurisdictions: Queensland,
Western Australia, South Australia, and the Northern Territory.
Summary of the Harmonised Rules
The harmonised code is largely similar to the pre-existing rules
in each jurisdiction. They cover: application of the code, the
expert's overriding duty to the court, prescribed content for
expert reports and supplementary reports, and conference with other
experts.
