1. How to be an Expert Witness
Dave Serjeant, Planner

2. Accepting the Job The importance of the preliminary assessment
Make sure of time and professional conflicts
Set fee for initial assessment
The basis upon which you can support the case
Doubts

3. Preparation of Evidence
Specifics of the proposal
Site details and inspection of site and neighbourhood
Analysis of planning documents
Analysis of legal documents
Assess relevance of other documents
Other evidence

4. Analysis Framework Details of assistance to the Court Application date
Status of planning documents
Activity status
Permitted baseline, if relevant
Key provisions
Other documents

5. Its Your Evidence! Your evidence is personal – verify it personally
Grammatical expression
Graphic material
Structuring evidence
Numbering, font, spacing and length
Plan provisions – agreed facts
Relationship with other evidence
Referencing

6. Advocacy and Objectivity
Code makes it very clear that an expert can not be an advocate
Representing a Council
Representing a long term client

7. Assessing Effects Role and relationship with other experts
Court prefers evidence of technical experts
Reliance on technical evidence for overall evaluation

8. Presentation of Evidence
Taken as read
Preparing summaries
Reading
The adversarial process – its not personal
Learning to accept criticism

9. Cross examination Preparation is paramount Listen to the question
Pause and think
Engage

10. Protocols Addressing the Court Dress
Unnecessary distraction, noise or movement
No discussion while on stand

11. Expert Conferencing A pre-circulated agenda;
Participants who are prepared;
Adequate time for reaching agreement;
Agreement reached and documented on the day, substantively, if not completely;
Relevant documents being in the room or electronically available;
Face to face conferencing, as opposed to video link, telephone, or s

12. Agreed Statement Of Facts
A description of the proposal, updated as necessary following the first order hearing;
A description of all relevant aspects of the site and local environment, contributed to as necessary by all experts (planning, landscape, traffic, noise, ecology, air, groundwater etc.), with the purpose of all experts avoiding having to re-state such facts in their evidence;
A bundle of relevant planning documents and provisions.

13. ‘Will Says’
“…each expert witness will, except as otherwise directed by the Court, provide to all other participating experts a summary ‘will say’ brief of relevant evidence,….”
Set out the key facts and assumptions relied upon
Identify the methodology and standards used
Clearly explain the opinion arrived at.