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Forensic Investigation / FILE 03

Expert Witness & Litigation Support

Our structural engineers provide independent expert evidence in courts, tribunals, mediations, and arbitrations across Australia. Reports are clear, defensible, and structured for legal proceedings.

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Expert Witness & Litigation Support on a real Australian project siteEVIDENCE / EXPERT-WITNE

Our expert witness service provides independent structural engineering evidence for legal and tribunal proceedings. We are engaged by solicitors, barristers, insurers, building owners, and body corporates to provide impartial technical opinions on structural matters.

Every expert report follows the Expert Witness Code of Conduct applicable in the relevant jurisdiction and complies with the Uniform Civil Procedure Rules. Reports disclose methodology, assumptions, limitations, and qualifications. Our opinions are based on evidence, testing, and engineering analysis rather than speculation.

We provide expert evidence in building defect disputes, insurance claims, construction litigation, strata disputes, personal injury matters involving structural failure, and regulatory proceedings. Our engineers have provided oral evidence in QCAT, NCAT, VCAT, the District Court, Federal Court, and Supreme Court.

Expert conclave participation, joint expert reports, and supplementary opinions are available as proceedings require. We work constructively within the expert process while maintaining the independence that courts require.

Capabilities

What we deliver

10 deliverables across the expert witness engagement.

  • 01Expert reports compliant with UCPR and Expert Witness Code
  • 02QCAT, NCAT, and VCAT tribunal experience
  • 03District Court and Supreme Court oral evidence
  • 04Joint expert reports and expert conclave participation
  • 05Mediation and arbitration technical support
  • 06Insurance dispute engineering evidence
  • 07Building defect litigation support
  • 08Construction dispute quantum assessment
  • 09Independent, impartial opinion on all engagements
  • 10Clear language suitable for legal and non-technical readers

Process

Our methodology

01

Engagement & Scope

Review of the legal brief, identification of the technical questions to be addressed, site inspection planning, and agreement on the scope of testing and analysis required.

02

Investigation & Testing

Site inspection, non-destructive testing, material sampling, document review, and any structural modelling needed to form an informed engineering opinion.

03

Report Preparation

Preparation of the expert report in compliance with UCPR requirements including opinion, basis for opinion, assumptions, methodology, qualifications, and declaration.

04

Proceedings Support

Oral evidence at hearing, expert conclave participation, preparation of joint expert reports, and supplementary opinions as proceedings evolve.

Use cases

Common applications

  • Building defect litigation (residential and commercial)
  • Insurance claim disputes and coverage arguments
  • Strata body corporate defect proceedings
  • Construction contract disputes
  • Personal injury claims involving structural failure
  • Regulatory and compliance investigations
  • Mediation and arbitration proceedings
  • Developer warranty claims

Frequently asked questions

4 questions answered.

Q01

What qualifications do your expert witnesses hold?

Our expert witnesses are RPEQ-registered structural engineers (Registered Professional Engineer of Queensland) and Chartered Professional Engineers (CPEng) with Engineers Australia. They hold post-graduate qualifications in structural engineering and have typically 15 or more years of practical experience in structural investigation. Registration with RPEQ and CPEng provides the independent credentialing that courts recognise.

Q02

Can you provide expert evidence in states other than Queensland?

Yes. Our engineers provide expert evidence in all Australian states and territories. We have appeared in QCAT (Queensland), NCAT (New South Wales), VCAT (Victoria), and various state courts. National Building Code requirements are consistent across states, and structural engineering principles are universal. We adjust our reports to comply with the procedural requirements of the relevant jurisdiction.

Q03

How is your independence maintained when engaged by one party?

The Expert Witness Code of Conduct requires that an expert witness has an overriding duty to the court, not to the party who engages them. Our reports include a declaration confirming this duty. We form our opinion on the evidence and engineering analysis, and we disclose any facts or assumptions that could affect our opinion. If the evidence does not support the engaging party position, we say so.

Q04

What is the typical cost and timeframe for an expert report?

Costs depend on the complexity of the matter, the extent of site investigation required, and the number of technical questions to be addressed. A straightforward single-issue report may take 3 to 4 weeks and cost between $8,000 and $15,000. Multi-issue reports for complex disputes may take 6 to 10 weeks and cost $20,000 to $50,000 or more. We provide a fee estimate and timeline at engagement.