Expert witness obligations to the Court

The recent decision of Judge Kefford in Cannon Hill Investments et al v. Brisbane City Council and Rivermakers Wellness & Research Centre [2022] QPEC 16 ("Rivermaker's case") provides a salutary warning to those engaged as experts in the P&E jurisdiction but also in the similar Land Court jurisdiction and all other Queensland Court jurisdictions.

Any expert engaged for that purpose should of course be well aware of the obligation of an expert to the Court by virtue of the Uniform Civil Procedure Rules 1999 (Qld) (rule 429F in particular) and the Planning and Environment Court Rules 2018 (Qld) (rule 33 "Duty of an Expert", in particular). Rule 33 stipulates that:

1. The expert has a duty to assist the P&E Court;