 The
primary objective of the Expert Witness
Institute of Australia (the "Institute")
is to support the administration of justice
and early resolution of disputes through
the use of fair and unbiased expert evidence.
The Institute pursues this objective by
maintaining high standards of proper practice
and conduct by all members. The Constitution
of the Institute renders a member liable
to disciplinary action if a question of
incapacity or misconduct arises. The Board
of Directors has accordingly approved this
Code of Practice for the guidance of members
in the belief that members will observe
not merely the terms but also the spirit
of the Code.
- A Member will only accept instructions
in matters where he/she has the specialised
knowledge, based upon the members' training,
study or experience, and has the resources
appropriate for the assignment.
- A Member will not accept instruction,
or continue to accept instruction, in
any matter where there is an actual or
potential conflict of interest unless
the Member informs the instructing party
in writing.
- A Member will comply with the code of
behaviour/ethics of any institution of
which he/she is a member.
- A Member belonging to a professional
or other institution will observe any
professional or relevant declaration relating
to experts issued by that institution.
- A Member will only accept an instruction
that is clear, precise and unambiguous.
Orally accepted instructions should be
confirmed in writing by the expert.
- Where a practice has been instructed,
the names of the expert(s) to be assigned
and details of their experience and qualifications
must be provided on request.
- A Member will not enter into an arrangement
to receive a contingency or conditional
fee dependent upon on the outcome of any
proceedings.
- Where a Member requires specialist assistance
with any part of the assignment, prior
agreement must be obtained from those
issuing instructions and the name of the
specialist (or organisation) to be engaged
together with details of relevant experience
and qualifications must be provided.
- On appointment, a Member shall where
possible issue a letter of engagement
incorporating his/her terms, conditions
and responsibilities relating to the provision
of the expert services under the engagement.
- Subject to court rules, practice notes,
directions or orders, a timetable should
be agreed to and where this cannot be
met, notice of the delay must be communicated
at the earliest opportunity to relevant
parties.
- A Member will maintain client confidentiality
except where there is a legal or overriding
professional duty to disclose.
- It is desirable that a Member maintain
indemnity cover in respect of the liability
of the expert service itself.
- A Member must not use any title or letters
to which he/ she is not entitled by means
of qualification, training, study and/or
experience or in any sense misrepresent
him or herself.
- An expert witness has an overriding
duty to assist the Court impartially on
matters relevant to the experts' area
of expertise. Both in preparing reports
for Court purposes and giving oral evidence,
his/her paramount duty is to the Court
and not to the party retaining the expert.
An expert witness is not an advocate for
the party.
- The Member must declare that the report
has been prepared in accordance with the
Code.
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