Preparing Statements of Evidence as an Expert Witness for the Environment, Resources and Development Court (ERDC).
I am always pleased to be asked by an Appellant, Respondent or their solicitors to give an opinion regarding an Appeal going to trial in the ERDC. Each case is different and presents a new set of challenges. If you form the view you can support the position of the Appellant or Respondent as an expert witness your client needs to instruct you to proceed with preparing a detail Statement of Evidence.
Preparing the Statement requires absorbing a large amount of information supplied to you by the client and also the Book of Documents filed with the ERDC and made available to both sides. It is then a matter of cross referencing all this material with the relevant Desired Character, Objectives, Principles, Maps and Overlays within the relevant Council Development Plan. Other legislation and information is usually pertinent to considering the matter and needs to be researched and opinions provided that can be substantiated by the expert.
Although you are engaged to act for the Appellant or Respondent you are not meant to be an advocate for your client but rather provide impartial evidence to assist the ERDC reach a decision regarding the proposed development and the case being heard. It is the experts overriding duty to assist the court on matters relevant to the expert’s area of expertise. If the expert decides there is insufficient data available to fully research their opinion this must be stated and the opinion qualified.
The expert’s opinions and the reasons in support thereof of any person called as an expert witness in the hearing must be set down in the written report. The Statement of Evidence, unless the presiding member of the ERDC allows otherwise, is to be given by tendering the report and the expert swearing that the report is correct. The other party or solicitor then cross examines the expert. When all the evidence is heard and the respective solicitors have summed up the Commissioner(s) deliberate on the issues of the matter prior to delivering a judgement.
All of this work is time consuming but rewarding I try and be reasonable when preparing my fee proposal for prospective clients.