We will introduce you to PNVCAT2 and discuss what this means for your expert report for VCAT.
Often a matter in VCAT will require an expert report to assist the Member of the Tribunal to make a decision. As a law practice, we provide the link to the guide in doing this as provided by VCAT to every client in this situation, however, it is amazing at how often these clients return with deficient reports that do not comply with the VCAT Rules. These rules are located in Practice Note 2 of VCAT or PNVCAT2 for short.
Here is the link: https://www.vcat.vic.gov.au/documents/practice-notes/practice-note-pnvcat2-expert-evidence
For the most part, clause 11 says it all:
11.) The report of an expert witness must include the following matters:
(a) the full name and address of the expert witness;
(b) the expert’s qualifications, experience and area of expertise;
(c) a statement setting out the expert’s expertise to make the report;
(d) reference to any private or business relationship between the expert witness and
the party for whom the report is prepared;
(e) all instructions that define the scope of the report (original and supplementary
and whether in writing or oral);
(f) the facts, matters and all assumptions upon which the report proceeds;
(g) reference to those documents and other materials the expert has been instructed
to consider or take into account in preparing his or her report and the literature or
other material used in making the report;
(h) the identity and qualifications of the person who carried out any tests or
experiments upon which the expert relied in making the report;
(i) a statement:
- summarising the opinion of the expert;
- identifying any provisional opinions that are not fully researched for any
reason (including the reasons why such opinions have not been or cannot
be fully researched); - setting out any questions falling outside the expert’s expertise; and
- indicating whether the report is incomplete or inaccurate in any respect.
(j) A signed declaration by the expert that:
“I have made all the inquiries that I believe are desirable and appropriate
and that no matters of significance which I regard as relevant have to my
knowledge been withheld from the Tribunal.” and
(k) Where relevant, a cover page in accordance with clause 16.