Long-term Specialists in Expert Witness Reports
Our SAFEgroup team specialise in providing detailed, thoroughly researched Expert Witness Reports that comply with the relevant Expert Witness Code of Conduct and Court Rules. We work closely with legal teams to assess liability, gather evidence, and present findings clearly and defensibly in Court.
When to Involve Us
We recommend contacting us as early as possible in the process. Ideally, before agreeing to Court schedules, so we can:
- Review the matter’s prospects
- Identify required documents
- Determine if inspections or tests are necessary
- Maximise our ability to meet deadlines
Our Approach
Our Experts apply a methodical, investigative approach grounded in:
- WHS legislation
- Codes of Practice
- Australian & International Standards
- State regulatory guidelines
Our process includes…
- Reviewing evidence and conducting interviews
- Site or plant inspections (when relevant)
- Use of calibrated technical equipment (e.g. slip testers, lux meters)
- Technical and root cause analysis to determine causal factors
- Clear assignment of liability and recommended risk controls
Reports typically over…
- Incident and injury mechanism
- Systems of work and training
- WHS procedures and duty of care
- Risk management and state of knowledge
- Supervision, technical systems and safety documentation
Expert Witness Report Options
Preliminary Advice
Good For:
- Early case assessment
- Legal strategists
- Litigation support teams
What We Do:
- Review initial evidence and circumstances of the incident
- Help assess the reasonable prospects of a matter
- Identify missing background or context in technical areas
- Recommend documents to subpoena before proceedings begin
📌 Helps avoid delays and ensures you’re collecting the right evidence from the start.
Expert Witness Reports (Standard/Complex)
Good For:
- Insurance and claims cases
- Multi-party litigation
- Regulatory and WHS inquiries
What We Do:
- Review evidence and conduct interviews
- Request additional subpoenas as needed
- Perform site or plant inspections if relevant
- Use calibrated equipment (e.g. slip testers, lux meters)
- Apply root cause and technical analysis
- Assess codes of practice, WHS legislation, and standards
- Assign liability and suggest practical risk controls
📌 Reports address injury mechanisms, systems of work, supervision, WHSMS, and technical procedures.
Joint Expert Witness Reports / Conclave
Good For:
- Court-ordered conclaves
- Joint expert reports
- Collaborative or multi-party cases
What We Do:
- Participate in Court-ordered Conclaves
- Coordinate across multiple instructing solicitors
- Work with scribes, mediators, and other experts
- Provide in-house scribing/admin support if needed
- Manage report prep: from collation to approval and submission
📌 We require at least 14 days’ notice for Conclaves.
🔗 Instructing the Expert – Joint Expert Witness Reports/Conclave
Slip Test Reports
Good For:
- Matters involving surface slip risk
- Claims requiring compliance with slip resistance standards
What We Do:
- Conduct slip testing using British Pendulum Testers (Munro/Wessex)
- Test to Australian Standards AS4586, AS4663 and HB198
- Integrate test results into full Expert Witness Reports
📌 Raw data is not issued separately – only as part of the full report.
Let’s Talk Early
We recommend contacting us as early as possible in the process. Ideally, before agreeing to Court schedules, so we can:
- Review the matter’s prospects
- Identify required documents
- Determine if inspections or testing are necessary
- Maximise our ability to meet deadlines
It also helps manage costs. The scope of our work – and therefore our fees -depends on how complex the matter is. When we’re involved from the start, we can often prevent delays, streamline the process, and keep things more cost-effective overall.
Instructing the Expert
What We Need From You
Upon instruction, SAFEgroup will request relevant documentation to support the assessment, including high-resolution photographs with source and date, witness statements, incident reports, internal audits, regulator records, investigation notes, Statements of Claim, third-party or insurer reports, and any applicable court orders or deadlines.
Letter of Instruction
The letter of instruction engaging an Expert must be provided to the Expert prior to any work being undertaken, including any preliminary advice, interview, site inspection and testing.
- Clearly identified parties, including roles/relationships
- A summary/overview of the incident
- Date of injury / period of nature and conditionsinjury and deemed date of injury
- Assumptions (if required), which must be stated explicitly
- Clear instructions to provide a written Expert Report or preliminary conference only
- Questions required to be answered
- Instructions to undertake a site inspection, slip test or inspection of plant (if required)
- An itemised list of documents/evidence provided (copies provided in electronic form only). Including author, title and date
- Any upcoming dates which will affect the lead time including Court Orders/Schedule for filing dates and subpoena returns dates, a copy of the Court Orders/Schedule is required if scheduled in advance
- Contact details, including phone contact information to arrange an interview with the injured person
- Name of Counsel (if engaged)
- An instruction to comply with the applicable Expert Witness Code of Conduct and/or relevant Court Rule
Supplementary Reports
If requesting an update or follow-up report, please provide:
- New or updated parties and assumptions
- Additional questions or instructions
- Copies of other expert reports and relevant material
- Updated evidence list (electronic format)
- Any changes to court deadline
Joint Reports (Conclaves)
SAFEgroup requires as much notice as possible to secure a time for a conclave.
A letter of instruction must be prepared no less than 14 days clear of the conclave on behalf of all instructing solicitors jointly engaging the experts and should include:
- Conclave details, including details for an independent scribe if applicable
- Contact details of all Experts and instructing firms to forward a copy of the completed report
- Details of Expert Reports to be reviewed, including copies of all documents provided to the Expert in forming his/her opinion
- Clear instructions/questions to be addressed in the Conclave
- Assumptions, which must be stated explicitly
- An itemised list of documents/evidence to be considered by all Experts (copies provided in electronic form only)
- An instruction to comply with the applicable Expert Witness Code of Conduct and/or relevant Court Rules
