What Is the Expert Witness Code of Conduct?
Expert witnesses play a critical role in legal proceedings by providing technical opinions that can influence court decisions. The Expert Witness Code of Conduct ensures that all expert evidence presented in NSW courts is independent, fact-based, and unbiased. It applies to all civil proceedings under the Uniform Civil Procedure Rules 2005 (UCPR) and governs how expert testimony is prepared, presented, and evaluated.
The Code’s primary goal is to uphold the integrity of expert opinions, ensuring courts receive professional, evidence-backed insights free from advocacy or commercial bias. For engineers, this means delivering accurate, well-reasoned technical assessments based purely on their expertise and industry standards.
Obligations to the Court vs. Clients
Engineers acting as expert witnesses must prioritise their duty to the court over their obligation to the party engaging them. Unlike standard consulting roles, an expert witness does not advocate for a client’s position but instead assists the court by providing neutral, fact-based analysis.
Legal Framework Governing Expert Witnesses in NSW
Engineers acting as expert witnesses in NSW must adhere to specific legal and regulatory requirements that dictate how expert evidence is handled in court. These include:
- Uniform Civil Procedure Rules 2005 (UCPR) – Schedule 7
- Outlines the Expert Witness Code of Conduct, ensuring objectivity, full disclosure, and adherence to ethical obligations.
- NSW Evidence Act 1995
- Governs how expert opinions are presented and assessed as admissible evidence in court.
- Professional Engineering Standards & Ethics
- Engineers must comply with ethical guidelines set by Engineers Australia, ensuring professional integrity in expert witness testimony.
Who Needs to Comply with the Code?
Any engineer providing expert opinions in legal disputes, insurance claims, or tribunal hearings must comply with the Code of Conduct. This includes:
- Structural engineers – Assessing building failures and construction defects.
- Civil & geotechnical engineers – Providing opinions on infrastructure and land stability disputes.
- Mechanical & electrical engineers – Investigating product failures, fire hazards, or workplace safety concerns.
- Remedial engineers – Evaluating water penetration issues, concrete deterioration, and repair methodologies.
Regardless of who engages them—whether a law firm, insurer, or regulatory body—their duty remains to the court, ensuring factual and impartial technical analysis.
Requirements for Expert Witness Reports
To be admissible in court, an expert witness report must comply with Schedule 7 of the UCPR and include:
- Expert Qualifications & Experience – Clearly outlining their credentials in the relevant engineering field.
- Statement of Independence – Confirming compliance with the Expert Witness Code of Conduct.
- Factual Basis – Detailing all assumptions, site inspections, testing, and investigations conducted.
- Methodology & Reasoning – Explaining how conclusions were reached using industry-accepted engineering principles.
- Legal Framework References – Citing relevant building codes, Australian Standards, and industry regulations where applicable.
A well-structured, thorough expert report strengthens an engineer’s credibility and ensures their evidence is considered reliable and admissible in court.
Testifying in Court as an Engineering Expert Witness
In addition to preparing reports, expert witnesses are often required to defend their findings in court. This process includes:
- Cross-examination – Answering questions from opposing legal teams to clarify technical opinions.
- Explaining technical findings – Presenting complex engineering concepts in plain language for judges and lawyers.
- Maintaining professionalism under pressure – Remaining calm, factual, and composed during intense questioning.
- Avoiding speculation – Sticking strictly to verifiable facts and industry standards.
An engineer’s ability to clearly communicate their conclusions and withstand legal scrutiny plays a crucial role in how their testimony is received. Poorly presented or inconsistent testimony can weaken a case and damage professional credibility.
Legal Consequences for Failing to Comply with the Code of Conduct
Expert witnesses who fail to meet their legal obligations under the Code may face serious consequences, including:
- Exclusion of Evidence – Courts may disregard or dismiss expert reports and testimony that lack objectivity or credibility.
- Damage to Professional Reputation – Inconsistent, misleading, or biased expert opinions can negatively impact career standing and future engagements.
- Legal Liability – Providing incorrect or misleading expert evidence could lead to potential civil or criminal penalties.
- Disciplinary Action – Regulatory bodies like Engineers Australia may impose sanctions for unethical or non-compliant conduct.
To maintain credibility and legal standing, engineers must fully comply with the Code and provide unbiased, fact-driven expert opinions.