Experts

Overview

When a party engages an expert during the course of proceedings, it is important that the expert is familiar with the contents of the relevant rules of court and practice direction relating to expert witnesses.

In September 2006 the Rules of the Supreme and District Courts of South Australia which had been in operation since 1987, were replaced with a completely new set of Rules.

The 2006 Supreme Court Rules (“2006 SCR”) apply to all actions commenced in the Supreme and District Courts on or after 4 September 2006 and will be the focus of the following discussion. However, the 1987 Supreme Court Rules and various amendments thereto (“1987 SCR”) continue to apply to actions commenced before 4 September 2006 and for this reason we have retained links to the full text of Rule 38 1987 SCR and the 1987 Practice Direction 46 along with our summary of the requirements under 1987 SCR.

The principal requirements now relating to experts are set out in Rules 160 and 161 of 2006 SCR. The Rules deal with expert witnesses and in particular, the time in which expert reports must be obtained; requirements for serving expert reports upon other parties; the structure and content of expert reports; and the production of communications and documentary material which the expert has relied upon in making a report.

Rule 161 of 1987 SCR provides for the use of “shadow expert”. A party can use a shadow expert to give advice and assist them in understanding technical or complex issues, but the shadow expert does not produce reports that must be made available to other parties. Generally, shadow experts are not permitted to give evidence.