Evidence Act 1995

Evidence of a person’s opinion may be adduced by tendering a certificate (expert certificate) signed by the person that:

states the person’s name and address; and

states that the person has specialised knowledge based on his or her training, study or experience, as specified in the certificate; and

sets out an opinion that the person holds and that is expressed to be wholly 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 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 the purposes of subsection (2) may be proved by affidavit.

A party on whom the documents referred to 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 such a requirement is made.

The court may make such order with respect to costs as it considers just against a party who has, without reasonable cause, required a party to call a person to give evidence under this section.