What is an Expert Witness Report?

An Expert Witness Report is a formal written statement prepared by a qualified expert who has specialised knowledge in a particular field relevant to a legal matter—such as construction, engineering, building defects, or asbestos management. In New South Wales (NSW), these reports are commonly used in civil proceedings, including disputes heard in the NSW Civil and Administrative Tribunal (NCAT) or the Land and Environment Court. The purpose of an expert witness report is to provide independent, unbiased evidence to assist the court or tribunal in understanding complex technical issues.

The expert's primary duty is to the court, not to the party who engaged them, and their report must comply with the Uniform Civil Procedure Rules 2005 (UCPR), particularly Schedule 7 – Expert Witness Code of Conduct. A valid expert witness report in NSW should include the expert’s qualifications, a clear explanation of their opinion, the facts or assumptions relied on, and how their conclusions were reached. It must also include a declaration that the expert understands and has complied with their duties to the court.

‍