Evidence Act 2011

Evidence of a person’s opinion may be presented by tendering a certificate (an expert certificate) signed by the person that—

states the person’s name and address; and

states that the person has specialised knowledge based on the person’s training, study or experience, as stated in the certificate; and

sets out an opinion that the person holds and that is expressed to be completely or substantially based on that knowledge.

Subsection (1) does not apply unless the party seeking to tender the expert certificate has served on each other party—

a copy of the certificate; and

a written notice stating that the party proposes to tender the certificate as evidence of the opinion.

Service must be effected not later than—

21 days before the day of the hearing; or

if, on application by the party before or after service, the court substitutes a different period—the beginning of that period.

Service for subsection (2) may be proved by affidavit.

A party on whom the documents mentioned in subsection (2) are served may, by written notice served on the party proposing to tender the expert certificate, require the party to call the person who signed the certificate to give evidence.

The expert certificate is not admissible as evidence if a requirement mentioned in subsection (5) is made.

The court may make an order in relation to costs that it considers just against a party who has, without reasonable cause, required a party to call a person to give evidence under this section.