Source: AVAA
Acting as an expert witness valuer in Australian courts involves applying specialised valuation expertise to assist the court in resolving complex questions of value that arise in litigation and dispute resolution. Engagement typically occurs through solicitors or barristers acting for a party, although instructions may also come from insurers, insolvency practitioners, accountants, or, in appropriate cases, by direct appointment of the court itself.
An expert witness may be retained to give opinion evidence in proceedings or, in certain circumstances, to provide an opinion relied upon in alternative dispute resolution processes such as mediation or conferences of experts. In some matters, the court may appoint a single expert or independent adviser to provide an objective view where competing expert evidence would be inefficient or unnecessary.
The role valuers as expert witnesses is both technical and procedural. At its core, it involves forming an independent opinion of an asset’s valuation based on specialised knowledge, training and experience. This requires careful analysis of relevant market data, selection of appropriate valuation methodologies, and the application of professional judgement to often imperfect or contested information.
The expert must prepare a written report that clearly sets out their instructions, the material relied upon, the assumptions adopted, and the reasoning leading to their conclusions. The structure and integrity of the valuation report are critical, as courts rely on it directly and valuers relatively rarely appear in court. When preparing the report, transparency is critical as the report must allow the court and opposing parties to understand and test the opinion.
The framework in which expert witnesses operate are the statutes, common law and the rules of civil and criminal procedure. Those laws vary significantly between each Australian State, Territory and Commonwealth jurisdiction. Since the enactment of the Evidence Act 1995 (Cth), a majority of Australian jurisdictions, namely New South Wales, Victoria, Tasmania, the Australian Capital Territory and the Northern Territory, have adopted uniform evidence legislation and associated codes.
Beyond report preparation, the role of the valuer as an expert witness extends to active participation in the litigation process. Experts may be required to confer with other experts and produce a joint report identifying areas of agreement and disagreement. They may also give oral evidence, including under cross examination in a courtroom, where their methodology, assumptions and conclusions are closely scrutinised. In some courts, concurrent evidence processes are used, where experts give evidence together in a structured discussion. This demands not only technical competence by the valuer but also clarity of communication and the ability to engage constructively with differing professional views.
There is no formal accreditation required to act as an expert witness valuer in Australia. Suitability is determined by the court based on qualifications, experience and specialised knowledge. In practice, however, recognised professional credentials carry weight. The AVAA Certified Valuer (CVAu) credential, for example, demonstrates structured training, adherence to professional standards and ongoing professional development, supporting credibility when providing expert evidence in a judicial setting.
As noted earlier, the framework governing expert witnesses varies across each state and territory, as well as in the Federal Court of Australia, with each jurisdiction having differing procedural rules, practice directions and evidentiary requirements shaping how expert evidence is prepared, presented and tested. For example in the Federal Court, valuers acting as expert witnesses should be familiar with Par 3.3 of the Evidence Act 1995 (Cth) and Part 23 of the Federal Court Rules 2011 (Cth). There are similar frameworks in each state and territory.
Expert witnesses are typically required to acknowledge that they have read and agree to be bound by the applicable code in their jurisdiction before their evidence is accepted. These codes reinforce key obligations, including acting impartially, disclosing all relevant matters, identifying any limitations in the opinion, and making it clear when a question falls outside the expert’s expertise. They also support structured processes such as expert conferences and joint reporting.
The expert’s overriding duty is to the court, not to the client that’s paying them. Independence, objectivity and impartiality are fundamental obligations that sit above any duty to the instructing party. The expert witness is not an advocate. Their role is to assist the court by providing a balanced and well reasoned opinion within the limits of their expertise. The court relies on this evidence to understand technical valuation issues, yet ultimately reaches its own conclusion based on the totality of the evidence presented.
Of note is that there is increasing attention on the use of artificial intelligence in preparing expert material. Courts and professional bodies expect that any AI-assisted work is subject to rigorous human oversight. The expert remains fully responsible for the content of their report, including the integrity of analysis and the protection of confidential information.
For valuers working, or intending to work, as expert witnesses, alignment with recognised professional standards is central to credibility. Membership of the Auctioneers and Valuers Association of Australia (AVAA), and attainment of the AVAA Certified Valuer (CVAu) credential, provides a clear signal to the court of competence, ethical discipline and ongoing professional development. In a setting where independence, rigour and transparency are closely scrutinised, these markers of professionalism are often a key consideration in both engagement and the weight ultimately given to expert evidence.
