Providing expert evidence in an Australian court: A lawyer’s view

Abstract

Providing expert evidence to a Court is a daunting prospect. An expert is best prepared when he/she not only understands the subject matter but when he/she understands the process of assessing evidence. This chapter outlines the process of providing evidence in an adversarial setting. It defines key terms, such as fact in issue, relevance, credibility, probative value, and weight. The chapter explains how a Court evaluates evidence in order to determine what weight that evidence should be given. The chapter proceeds to consider what matters a Court might consider when determining whether to exclude otherwise admissible evidence. The chapter finally outlines the mechanics of giving evidence, what materials should be brought to Court by an expert witness, and how to answer questions in Court.