Expert Witness Duty to the Court: What Schedule 7 Means for a Building Consultant in NSW

The expert witness duty to the court requires an impartial technical opinion within the expert’s expertise. This guide explains how that duty affects a building investigation, the written reasoning and a response to another expert.

What is Schedule 7?

Schedule 7 of the Uniform Civil Procedure Rules 2005 contains the expert witness code for relevant NSW court proceedings. The Council of Chief Justices’ guidance identifies the NSW code and acknowledgement requirements, including the court’s power to order otherwise. Check the current rules, practice requirements and orders for the proceeding.

Apply independence to the investigation

Report findings that support or challenge the allegation

An expert should assess the evidence without a predetermined result. If an alleged defect is not established, an alternative cause remains possible or another expert’s analysis is persuasive, the report should explain that position.

Match the opinion to the expert’s knowledge

Identify the training, study or experience relevant to each technical issue. General construction experience does not establish expertise in every engineering, hydraulic, electrical or costing question. Discuss any specialist input needed before finalising the brief.

Use the applicable reporting requirements

Give the expert the code, questions and orders at the outset. Confirm the required acknowledgements and report contents with the legal representative. A template helps organise the material but does not establish compliance by itself.

Explain uncertainty

Concealed work, missing records and later repairs may limit the investigation. Explain what can be concluded, what remains uncertain and what further information would help. For example, moisture staining alone may not establish the path by which water entered a wall.

Make the reasoning available for examination

A useful technical report allows the reader to trace an opinion to observations, documents, assumptions and relevant construction requirements. It should explain why one cause or rectification method is preferred where alternatives exist.

Review the purpose of an existing inspection report

A pre-purchase report may contain relevant observations. Whether more evidence is needed depends on its scope, the questions in dispute and the requirements of the proceeding. Ask the expert and legal representative whether a supplementary report or further inspection is appropriate.

From inspection to written opinion

Record the investigation

Identify the inspected areas, dates, observations, measurements, tests and access limits. Label photographs by location and item. Record who undertook any investigation and identify the source of material supplied by others.

Explain the technical assessment

Compare the evidence with the relevant contract, drawings, specifications and construction requirements. Identify the applicable document or standard version rather than assuming today’s provisions governed earlier work.

Connect findings and recommendations

For each item, explain the observation, technical significance, reasoning and limitations. Where requested, set out the proposed rectification and the basis of the cost opinion. Separate these questions so agreement on a defect is not mistaken for agreement on every proposed repair or price.

NCAT uses its own expert evidence direction

For NCAT, check Procedural Direction 3 and the orders. Its code and application provisions should not be replaced with a blanket statement that court rules govern every NCAT matter.

Choose relevant experience and a clear scope

Ask how the consultant’s experience relates to the particular defect, investigation or cost question. Prior attendance at court does not, by itself, show that every opinion was accepted. Assess the proposed reasoning process and the person’s relevant expertise.

Glen Sim brings more than 35 years of construction experience and more than 15 years of litigation support. Awesim’s expert witness report service explains the work available for NSW building matters.

Keep the Scott Schedule consistent

A Scott Schedule summarises item-by-item positions and references the evidence. The report explains the detailed technical reasoning. Any expert opinion in the schedule should retain its qualifications and reflect the applicable expert duties and case directions.

Questions before engagement

Can an expert be instructed to reach a particular result?

Instructions should identify the questions and material to consider. The expert must form their own technical opinions.

Does a declaration alone make a report suitable?

No. Review the scope, relevant expertise, evidence, reasoning and procedural requirements as well as the formal acknowledgement.

Can an existing report be reused?

Review it against the current issues, available evidence and directions. Confirm any supplementary work with its author rather than assuming it is either automatically sufficient or unusable.

Provide the brief and deadline

Contact Awesim with the orders, issue list, property address, relevant reports and delivery date so the required investigation and reporting can be assessed.

Awesim

Glen Sim is a highly experienced Building Consultant, Licensed Builder, Construction Consultant, and Expert Witness with more than 35 years of practical experience within the Australian building and construction industry. As the Founder and Director of Awesim Building Consultants, Glen has established a strong reputation throughout Sydney and regional New South Wales for providing independent, evidence-based building consultancy services and expert reporting for complex building and construction disputes.Beginning his career as an apprentice carpenter with TAFE NSW in 1990, Glen completed his apprenticeship in 1993 before progressing into senior construction and management roles across residential, commercial, and remedial building sectors. His extensive industry background provides him with genuine hands-on construction knowledge — something that distinguishes him from many consultants who have limited site-based experience.Glen became a Licensed Builder in Victoria in 2004 before returning to New South Wales in 2011, where he continues to operate under NSW Builder Licence No. 232673C. Over the course of his career, he has worked across all stages of the construction process, including carpentry, supervision, project management, contract administration, construction scheduling, defect rectification, quality control, and dispute resolution.Today, Glen is widely recognised for his expertise in:Expert Witness Reports Scott Schedules NCAT Building Disputes Construction Defect Investigations Building Defect Reports Quantum Meruit Assessments Construction Programming & Delay Analysis Client-Side Project Management Contract & Scope of Works AssessmentsGlen regularly assists homeowners, builders, developers, solicitors, strata managers, insurers, and commercial clients by providing technically detailed and independent reporting for litigation and dispute resolution matters. His reports are prepared with a strong understanding of the requirements of the NSW Civil and Administrative Tribunal (NCAT), court procedures, the Expert Witness Code of Conduct, the National Construction Code (NCC), Australian Standards, and accepted building industry practices. Over 15+ years experience providing litigation support with expert witness reports and Scott schedules. What clients value most about Glen is his practical approach, integrity, attention to detail, and ability to clearly explain complex construction issues in a manner that is easy to understand. His combination of trade-based experience, construction management knowledge, and investigative expertise allows him to identify issues that are often overlooked by less experienced consultants.Over the years, Glen has developed a reputation for producing thorough, methodical, and evidence-supported reports that clients and legal representatives can rely upon during negotiations, mediations, tribunal proceedings, and litigation matters. His commitment to accuracy, professionalism, and impartiality has made Awesim Building Consultants a trusted name in the building consultancy industry across NSW.Glen is also known for his strong commitment to client service, ensuring every matter is approached with professionalism, transparency, and genuine care for achieving practical outcomes. His experience across both metropolitan Sydney and regional New South Wales provides him with a broad understanding of differing construction methods, site conditions, workmanship standards, and project delivery challenges throughout the state.Outside of the construction industry, Glen values family life and regional Australia. He has been happily married to internationally recognised author Audra Starkey since March 2025. Together, they share a passion for supporting rural communities and building trusted professional relationships grounded in honesty and respect.With more than three decades of industry experience, Glen Sim continues to provide trusted building consultancy and expert witness services backed by real construction knowledge, independent assessment, and a commitment to helping clients navigate complex building matters with confidence.

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