1. The Importance of Independence and Objectivity:
In Universal Music Australia, the court strongly criticised an expert whose evidence appeared partisan. For building experts, this underscores the need to remain objective when assessing defects, regardless of whether you’re hired by the homeowner or the builder.
2. Thorough Investigation is Crucial:
The court in Universal Music Australia noted critically when an expert hadn’t researched a key issue. In building defect cases, this emphasises the importance of thorough on-site inspections and comprehensive research into relevant building codes and standards.
3. Clear Explanation of Technical Matters:
Both cases highlight the court’s appreciation for experts who can explain complex issues clearly. When describing building defects, experts should use language that both NCAT members and homeowners can understand, avoiding unnecessary jargon.
4. Proper Structuring of Reports:
Harrington-Smith suggested using “short numbered paragraphs” in reports. For building experts, this means structuring your report clearly, perhaps addressing each defect in a separate, numbered section for easy reference.
5. Distinguishing Facts from Opinions:
Harrington-Smith emphasised the importance of separating assumed facts from expert opinions. In a building defect report, clearly differentiate between observed conditions (facts) and your professional assessment of their causes or implications (opinions).
6. Citing Sources and Standards:
The court in Harrington-Smith stated experts should “attribute all derived statements to their sources”. When referring to building codes or industry standards in your report, always provide specific citations.
7. Acknowledging Limitations:
Universal Music Australia showed the value of experts being honest about the limitations of their conclusions. If certain areas were inaccessible during your inspection, or if further testing would be required to confirm a suspicion, clearly state this in your report.
8. Staying Within Your Expertise:
Harrington-Smith implied the importance of experts staying within their field. If you’re a structural engineer, for instance, be cautious about making definitive statements on matters of plumbing or electrical work.
While these cases weren’t about building defects, their principles are directly applicable to NCAT proceedings. By following these best practices, building experts can provide more credible and useful evidence, helping NCAT make informed decisions and ultimately assisting homeowners in resolving their disputes fairly.
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