Report Writing, Evidence and Expert Witness Practice
Report Writing, Evidence and Expert Witness Practice tests whether your report can withstand scrutiny in negotiation, arbitration or court. It covers structure, reasoning, independence and the expert's duty.
Report structure
A defensible report states the instruction, purpose, property, estate, valuation date, scope, inspection, sources, assumptions, approach, comparable evidence, reconciliation, value and limiting conditions. It records who inspected, what was excluded and whether the valuer complied with professional standards. The valuation must be signed by the responsible registered valuer.
Expert duty
An expert witness owes a paramount duty to the court, not the client. Evidence must be independent, factual, transparent and within expertise. Under the High Court Rules 2016, Schedule 4, experts certify understanding of the code and their duty. Environment Court and arbitration work apply similar expectations. Distinguish facts from assumptions and explain departures from comparable evidence.
Worked example
In an arbitration, your report values a warehouse at $6.2 million but omits the reconciliation and two superior comparables. Cross-examination exposes the gap. A stronger report explains why the two comparables were rejected, reconciles income and market evidence, and states the effect of a short lease.
Traps
- Acting as an advocate for the appointing party.
- Omitting assumptions or limiting conditions.
- Relying on hearsay without attribution.
- Giving oral evidence beyond written report scope.
- Failing to sign or date the report.