Supreme Court Rules (Nt) Order 44 Expert Evidence

The four jurisdictions that have not adopted the harmonised code have broadly similar rules for experts, but with additional requirements: 2. Note on general practice, harmonised code set out in Annex A www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt In January last year, Tasmania`s Supreme Court became the first court to adopt rules on expert evidence similar to the `Code of Conduct`. for experts» are compatible. The harmonized code was developed by a committee established by the Council of Chief Justices. 3. Annex 7 Code of Conduct for www.legislation.nsw.gov.au/#/view/regulation/2005/418/sch7 Experts; www.lawyersweekly.com.au/partner-features/20239-expert-witness-code-of-conduct-nsw-amended-from-9-december-2016 1. Communication from the Supreme Court of ACT and ACT Magistrates Court to practitioners www.courts.act.gov.au/__data/assets/pdf_file/0010/978472/notice_to_practitioners_-_court_procedures_rules_2006_-_amendment_2016_no_1.pdf 7. Tasmania – Code of Conduct for Experts www.supremecourt.tas.gov.au/__data/assets/pdf_file/0016/337003/Practice_Direction_1_of_2016_-_Expert_Witness_Code_of_Conduct.pdf The harmonised code is broadly similar to that of the regulations in force in each country. They concern: the application of the Criminal Code, the expert`s main duty to the court, the prescribed content for expert opinions and supplementary reports, as well as discussions with other experts. If adopted by a court, the Code applies to any expert witness who is appointed or appointed to present an expert report for the purposes of evidence in proceedings or the presentation of expert opinions in proceedings. Every expert witness must comply with the Code, unless the court or a judge decides otherwise.

6. South Australian Rules www.courts.sa.gov.au/Lists/Court%20Rules/Attachments/205/Supreme%20Court%20Civil%20Rules%202006.pdf Even with a harmonised code, there are still differences in how experts are managed in Australia, particularly in terms of joint expert conferences and simultaneous evidence. 8. Victoria – Communication to the profession regarding the adoption of the harmonised code www.supremecourt.vic.gov.au/home/law+and+practice/practice+notes/practice+notes+archive/notice+to+the+profession+-+adoption+of+harmonised+expert+witness+code 4. Rules of the Supreme Court – Northern Territory www.supremecourt.nt.gov.au/documents/Supreme%20Court%20Rules.pdf If implemented in all jurisdictions, a harmonized code will bring a number of benefits: including: The legislation in force in each jurisdiction is summarized below. A copy of the harmonised code is available here (as Annex A of the Practice Note for Federal Court Experts). 9. Appendix C is commonly referenced instead of Order 36A of 1971 of the Washington State Supreme Court Rules www.unisearch.com.au/documents/Annexure-C-to-Consolidate-Civil-Practice-Direction-District-Court-WA.pdf www.austlii.edu.au/au/legis/wa/consol_reg/rotsc1971281/ The new Note on the Federal Court`s Expert Evidence Practices, including the Adoption of the Harmonized Code, was discussed on our blog Spotlight on the forensics in October. Click here to learn more. It is not yet known whether the harmonized code will be adopted in the other jurisdictions of the Supreme Court: Queensland, Western Australia, South Australia and the Northern Territory. 5.

Queensland – Current legislation www.legislation.qld.gov.au/LEGISLTN/CURRENT/S/SuprCrtQUCPRu99.pdf. Three other supreme courts – New South Wales, Victoria and ACT – as well as the Federal Court of Justice did the same later this year.