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Expert witness codes of conduct & court guidelines

Engaging Unisearch saves time, relieves resources and increases efficiency and productivity. We conduct a complete vetting process prior to the recommendation of an expert (to include credentials, experience and reputation). Don’t be limited to your network, we source experts from an extensive, and often exclusive panel drawn from Australia’s leading universities, commercial enterprises and independent consultancies.

The Practitioner’s Guide to Briefing Experts

In conjunction with NSW Young Lawyers, Unisearch is delighted to announce the release of ‘The Practitioner’s Guide to Briefing Experts.’ The joint publication explores the common challenges and nuances of engaging with an expert and provides an overview on how best to engage an expert in a litigious matter.

Topics covered include:


  • When is an expert needed?
  • Finding and choosing the right expert
  • Initial contact with the expert
  • The duties and responsibilities of an expert
  • Best practice measures when developing a letter of instruction
  • Communication with the expert
  • The expert report
  • Expert conclaves and concurrent evidence
Get a copy

Sample letter of instruction

The first formal peice of correspondence with the chosen expert is usually by way of a detailed Letter of Instruction. The Letter of Instruction should provide a background to the matter and the nature of the dispute. The instructions should clearly outline the facts, assumptions, documents provided, questions to be answered, your timeline and include the relevant Expert Code of Conduct.
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Legal research
AustLII

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National Library of Australia

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ATO Legal Database

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Standards Australia

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National Association of Testing

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Legal bodies & professional associations

FAQ’s

  • The initial service of finding a suitable expert to match the client brief is complimentary.

  • Unfortunately, not in the first instance. Unisearch must adhere to Privacy Act obligations regarding the information managed on behalf of the company’s registered experts.

  • Yes. Unisearch is a national provider of expert opinion services with offices interstate.

  • Unisearch has a duty to identify any existing or potential conflicts of interest. Knowing the name of the matter helps to fulfil this obligation when sourcing experts.

  • When instructing the expert, it is recommended that you:

    1. Discuss the case and the relevant issues with the expert to clarify the basis of your instruction. Explain the way the opinion will be used, the expert’s obligations and the limit/ scope of the brief.
    2. Provide a Letter of Instruction. As the primary reference point for an expert, the content of this document is critical.
    3. Include in the Letter of Instruction the following information:
      • Key issues
      • Facts and assumptions
      • Questions for the expert (be as specific as possible)
      • Deadlines, hearing dates and expectation of timing
      • Advise if an appointment or site visit is required
      • Specify should you require a draft report
      • Additional information, as required (clarifying the source of information)
      • Make sure any inclusions are relevant as the expert will list them in their report
    4. Include a copy of the relevant Expert Witness Code of Conduct and instruct the expert to acknowledge it in their report.

    For further tips download the Practitioner’s Guide to Briefing an Expert

  • Yes, with the prior consent of the expert. However, please note that while a short phone call might not incur a cost, a teleconference or lengthy discussion could incur a fee for the expert's time.

  • Generally, it takes four to six weeks to produce a report. If the report is extremely urgent, Unisearch will fast-track the service where possible. 

  • Please contact your Unisearch Client Relationship Consultant to arrange a fee proposal for the additional work.

  • Yes. Unisearch will ensure that the expert is informed of their obligations in regard to attendance at proceedings and producing evidence.

  • A typical report will take, on average 8-12 hours of the expert’s time, and will cost ~$3,500-$8,000. However, all matters have different parameters and expert’s charges vary, depending on the discipline and Letter of Instruction.

  • The Unisearch fee includes:

    • Sourcing the most suitable expert(s)
    • Advising availability, time frames and any potential conflicts
    • Forwarding CV(s) for review
    • Appointing the expert
    • Connecting you with the expert
    • Arranging quotations, organising inspections, teleconferences and/ or medical examinations, as required
    • Arranging access to Unisearch meeting rooms
    • Reviewing, proofing and publishing the expert’s report prior to submission to ensure it addresses the Brief and is quality checked for admissibility
    • Issuing the expert’s report and invoice
    • Liaising regarding subpoenas, supplementary reports, attendance at court and/ or mediation and arbitration, as required until project completion
    • Unisearch is an independent service provider and does not operate on a ‘no-win, no-fee’ model
    • Payment terms are 30 days irrespective of the outcome of the proceedings
    • Advance payment is required for clients that do not have a recent credit history with Unisearch