Revisiting the adversarial approach of dealing with expert evidence : the treatment of expert witnesses by the state administrative tribunal of Western Australia

The modern legal process has come to rely increasingly and very substantially upon expert evidence. There are many areas of law and causes of action in which in practical terms the evidence of experts is indispensable. Examples are personal injuries and professional negligence, handwriting, fingerprints and palm prints, footprints, tool marks, ballistics, intoxication, accounting, psychiatry, engineering and chemistry. Expert evidence can be regarded as evidence which is admissible because it is relevant and of probative value in relation to matters in issue in the case and as such is a particular category of admissible evidence. This approach is consistent with the weight of authority and with the actual practice of the courts and tribunals at all levels. This is also in conformity with the assumptions underlying the various rules of procedure which regulate the admission of such evidence in civil and criminal proceedings.