What is a single expert witness and how are they appointed?

By definition, an expert is someone who through education, training, skill or experience has specialist knowledge of a particular field or discipline beyond that of others.Allowing the opinion of this expert about issues within their area of expertise to be relied upon.

Acumentis single experts are highly trained certified property valuers, registered with the Australian Property Industry.

In the case of family law a single expert witness is an expert which is appointed and instructed jointly by both parties. Rules in the Federal Circuit and Family Court (FCFCA) require that evidence about the value of a property be given by a single expert witness. This assists in minimising costs and maximising efficiency.

The single expert can be appointed by agreement between the separating couple, or by order of the court if there is no agreement.

There are various ways the single expert can be jointly appointed:

  • One party can nominate the names of three valuers, from which the other party selects a preferred.
  • The valuer can be appointed by an independent institution. An application can be made to the President of the Australian Property Institute to select an expert.
  • The valuer is appointed by order of the Court from a list each party provides, if no agreement can be reached.

Once agreed, the single expert is instructed by both sides to the dispute and provided detailed instruction.

The expert will confirm with both solicitors that they have received the letter of instruction and understand their obligations as a single expert witness.

The valuation will then be carried out and a written report is provided to both parties at the same time.