It is essential for litigation practitioners to be aware of the issues likely to arise in the jurisdictions in which they practise when attempting to adduce expert evidence in proceedings. Expert evidence is frequently led in commercial and building cases. In NSW, the exception to the opinion rule is found in s79 of the Evidence Act 1995. However, there are additional factors to consider. Without proper awareness of the range of relevant issues practitioners may waste court time and increase the costs borne by the parties they represent. This paper looks at some practical issues related to adducing expert evidence and how those issues have been interpreted by the courts including:• determining whether the appropriate question is one of admissibiiity or weight;
• how much bias is acceptable;
• the importance of acknowledging the Expert Witness Code of Conduct; and
• dealing with judicial discretions under ss135-137 of the Evidence Act.