What's in an Expert Witness Report?

An expert witness report is not a letter of opinion or a vet certificate. It is a structured, evidence-based document that must comply with court rules and the Expert Witness Code of Conduct. Understanding what a report contains helps you brief the expert effectively, manage costs, and use the report strategically in your case.

Standard Report Structure

While every report is tailored to the specific matter, court-compliant expert reports follow a standard structure:

• 1. Expert's qualifications and experience: Detailed curriculum vitae establishing the expert's credentials, relevant experience, and why they are qualified to give the opinion. This section is scrutinised by opposing counsel and must withstand challenge
• 2. Instructions and brief of evidence: A clear statement of who instructed the expert, what questions they were asked to address, and what material they were provided
• 3. Factual basis: A summary of the facts the expert has relied upon — document review, site visit observations, animal assessment findings, and relevant veterinary records
• 4. Analysis and reasoning: The expert's analysis of the evidence, applying their professional knowledge to the facts. This is the core of the report — it must explain the reasoning step by step, so the court can follow the logic
• 5. Opinions: Clear, numbered opinions that directly answer the questions posed in the instructions. Each opinion is supported by the reasoning in section 4
• 6. Expert witness declaration: A formal declaration that the expert understands their duty to the court, has not been influenced by the retaining party, and that the opinions expressed are genuinely held
• 7. Appendices: Supporting material — photographs, veterinary records, published literature cited, CV

Court Compliance Requirements

Each jurisdiction has specific rules about expert evidence:

• NSW: Uniform Civil Procedure Rules 2005, Part 31 — the expert must include the Code of Conduct declaration and disclose any prior relationship with the parties
• Victoria: Harmonised Expert Witness Code of Conduct under the Civil Procedure Act 2010
• Queensland: Uniform Civil Procedure Rules 1999, Part 5 — includes specific requirements for concurrent evidence
• Federal: Federal Court Rules 2011, Division 23.4 — Practice Note GPN-EXPT

A report that does not comply with the applicable rules can be excluded. Our reports are drafted to comply with the specific court or tribunal where your matter will be heard.

How to Brief an Expert Effectively

The quality of the report depends heavily on the quality of the brief. When instructing us, please provide:

• Clear questions: "In your opinion, did the dog's behaviour constitute an 'attack' within the meaning of section 16 of the Companion Animals Act?" is far more useful than "please provide a report on this dog attack"
• All relevant material: Witness statements, veterinary records, council reports, photographs, CCTV footage, previous expert reports
• Unfavourable material too: Experts have a duty to consider all relevant evidence, including material that does not support your case. Withholding unfavourable material can backfire catastrophically at trial
• Timeline and court dates: Tell us the hearing date, any expert conference dates, and when you need the report. Rush work is more expensive
• Court and jurisdiction: So we format the report for the correct rules

Typical Turnaround Times