EXPERT TESTIMONY

Expert witness testimony in the State Administrative Tribunal (SAT) or Court in support of claims for compensation or challenges against planning decisions typically involves one or more of environmental investigation, preparation of a Witness Statement, mediation, witness conferrals and appearance at a SAT or Court hearing.

Successful testimony as an expert witness is a potentially daunting exercise and can be difficult for the under-prepared. When faced with a hostile counsel intent on demolishing or discrediting one's testimony, success depends on:

-     thorough preparation, including rigorous field investigation of the subject site;

-     a comprehensive knowledge of the technical, regulatory and policy framework;

-     the self-discipline to avoid making value judgements and unsupported statements; and

-     the confidence, based on experience and preparation, to assert one's position and resist being
      derailed or tripped up under cross-examination.

Phil Bayley has provided expert testimony in numerous cases before the SAT and the Supreme Court, including environmental investigations, preparation of witness statements and appearance at hearings. Examples of some of these projects can be found on the PROJECTS page.