In accordance with section 12(4) of the Consumer, Trader & Tenancy Tribunal Act 2001, I make the following directions with respect to the conduct before the Tribunal of expert witnesses.

The Form of Expert Reports

A report by an expert witness must (in the body of the report or in an annexure) specify:

  1. The person’s qualifications as an expert;
  2. The field of expertise in which they are giving evidence;
  3. A statement of what the expert witness was asked to report about;
  4. The facts, matters and assumptions on which the opinions in the report are based (a letter of instructions may be annexed);
  5. Reasons for each opinion expressed;
  6. If applicable. that a particular question or issue falls outside his or her field of expertise;
  7. Any literature or other materials utilised in support of the opinions; and
  8. Any examinations, tests or other investigations, on which he or she has relied and identify, and give details of the qualifications of, the person who, carried them out.

If an expert witness who prepares a report believes that it may be incomplete or inaccurate without some qualification, that qualification must be stated in the report.

If an expert witness considers that his or her opinion is not a concluded opinion because of insufficient research or insufficient data or for any other reason, this must be stated when the opinion is expressed.

In the Home Building Division only:

  1. If rectification or demolition or other alteration of premises is recommended, the report should detail the work recommended and the reason(s) for such recommendation;
  2. The likely cost(s) involved; and
  3. Whether any alternative remedy or remedies are reasonably available.