The role of an expert witness is to provide relevant and impartial evidence in their area of expertise during litigation or tribunal/panel hearings. Their testimony is guided by codes of conduct from the relevant jurisdiction. A party to court proceedings (plaintiff, defendant) or a tribunal/panel matter (proponent, objector) may retain an expert witness to provide their opinion on an aspect of the case if they are expertly qualified in their area of expertise, training and specialised knowledge. An expert witness is not to act as an advocate for the party that retained or instructed them, but to assist the court impartially on matters relevant to their area of expertise.
An expert witness may be retained to:
- Give opinion evidence in the proceeding, or
- In certain circumstances, to express an opinion that may be relied upon in alternative dispute resolution procedures such as mediation or a conference of experts.
In some circumstances an expert may be appointed as an independent adviser to the court.
GHD’s Air & Noise Service Line has delivered a range of expert witness services for air quality, odour, noise and vibration, and meteorological matters including projects for:
- Planning Panels and Tribunals (for example VCAT in Victoria, Land and Environment Court in NSW) – usually this is where an Environmental Effects Statement includes a technical report on the subject.
- Magistrates Courts – involving damages or Environment Protection matters.
- Supreme Courts – usually involving commercial litigation related to insurance claims.
The court or other jurisdiction may require experts (who are to give or have given reports) to meet for the purpose of identifying and addressing the issues in dispute between the experts (variously referred to as a conference, conclave or ‘hot tub’). GHD has been involved in conferences where the purpose is for the experts to have a comprehensive discussion of issues relating to their field of expertise. The ultimate aim is to form a common view to identifying key issues and areas of agreement and disagreement (contentions). Such conferences are attended only by the experts and any court/panel/tribunal appointed conference facilitator.
A declaration is required where the expert has made all the inquiries which the expert believes are desirable and appropriate, and that no matters of significance which the expert regards as relevant have, to the knowledge of the expert, been withheld from the court.
GHD also provides technical and scientific services to support expert witness statements:
- Air quality, noise and vibration impact modelling, and feasibility studies.
- Air quality, noise and vibration, and meteorological monitoring.
- Determination of relevant legislative and regulatory documents and acceptable criteria.
- Recommendation of air quality, noise, and vibration mitigation and analysis of the efficiency/sufficiency of mitigation measures.
Please also refer to our Expert Witness Capability Statement link.
