Various factors that may affect the weight assigned to expert opinions are discussed below. Footnote 180 A panel's assignment of weight to an expert opinion will generally attract deference on judicial review. Footnote 179 Instead, expert opinions should be weighed much like any other evidence.
#LEGAL DEFINITION OF EXPERT WITNESS FULL#
Footnote 178Ī panel is not bound to accept and give full weight to expert opinion to the contrary, the Federal Court has warned against giving such opinions “exalted status” in administrative proceedings simply because they are prepared by experts.
Before admitting opinion evidence from a proposed expert witness, a panel should consider whether the witness is in a better position than the panel to form an opinion or draw inferences from the facts. A panel may permit an expert to give oral or written opinion evidence on subject matter that is outside the panel's knowledge and experience Footnote 173 (e.g., medicine, psychology, country conditions, Footnote 174 document authentication, Footnote 175 anthropology, Footnote 176 foreign law Footnote 177). An expert is a person possessed of special skill and knowledge acquired through study or experience that entitles them to speak authoritatively concerning their area of expertise.
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