Introduction

The New South Wales Civil and Administrative Tribunal (NCAT) has implemented a revised Procedural Direction 3 concerning expert evidence, effective from 7 April 2025. This update aims to standardize the preparation and presentation of expert evidence across various proceedings, ensuring that such evidence is reliable, impartial, and assists the Tribunal effectively.bannermans.com.au+9expertsdirect.sg+9expertsdirect.com+9contractsspecialist.com.au+1ncat.nsw.gov.au+1

Scope of Application

Procedural Direction 3 applies to the following proceedings:

  1. Evidence Rules Proceedings: These are proceedings where NCAT is bound by the rules of evidence, including enforcement jurisdictions, civil penalty applications, and certain professional misconduct cases.reinsw.com.au+2ncat.nsw.gov.au+2expertsdirect.com+2

  2. Consumer and Commercial Division: Specifically, cases under the Home Building Act 1989 (NSW) where the disputed amount exceeds $30,000.ncat.nsw.gov.au+1ncat.nsw.gov.au+1

  3. Occupational Division: Proceedings involving “profession decisions” as defined in Schedule 5 of the NCAT Act.ncat.nsw.gov.au

  4. Other Proceedings: Any other matters where the Tribunal directs that Procedural Direction 3 is to apply.bannermans.com.au+5ncat.nsw.gov.au+5ncat.nsw.gov.au+5

Key Provisions

1. Expert Witness Code of Conduct

Expert witnesses engaged in applicable proceedings must adhere to a specific code of conduct, which includes:ncat.nsw.gov.au+2ncat.nsw.gov.au+2contractsspecialist.com.au+2

2. Preparation of Expert Reports

Expert reports must be comprehensive and include:

3. Compliance and Consequences

  • Evidence Rules Proceedings: Non-compliance with the code of conduct may result in the expert’s evidence being deemed inadmissible or given less weight.ncat.nsw.gov.au+1ncat.nsw.gov.au+1

  • Non-Evidence Rules Proceedings: While non-compliance does not automatically render evidence inadmissible, it may affect the weight the Tribunal assigns to the evidence.ncat.nsw.gov.au+1ncat.nsw.gov.au+1

Integration with Procedural Direction 7

Procedural Direction 3 should be read in conjunction with Procedural Direction 7, which addresses the use of Generative Artificial Intelligence (Gen AI) in preparing expert reports. Experts must ensure that any AI-assisted content is authenticated and complies with the standards set out in both directions.bannermans.com.au+4ncat.nsw.gov.au+4bannermans.com.au+4

Conclusion

The updated Procedural Direction 3 reinforces NCAT’s commitment to ensuring that expert evidence is presented in a manner that upholds the integrity of the Tribunal’s processes. Parties engaging expert witnesses must familiarize themselves with these requirements to ensure compliance and the effective presentation of their case.bannermans.com.au

References

For further information about our Expert Witness Reports, please >>> CLICK HERE <<<

Click here to download a copy of the ncat-pd3-expert-evidence 2025

Note: This blog post is intended for informational purposes only and does not constitute legal advice. For specific guidance, please consult a legal professional.

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