Expert Witness Valuation Reports for court.
An expert report is written for a court, not for a client. It has to comply with the relevant expert evidence code, state its assumptions and instructions on the face of the document, and hold up under cross-examination. We prepare valuation evidence for the Federal Circuit and Family Court, state Supreme Courts, and the AAT in tax disputes.
Quick answer
An expert witness valuation report is court-ready evidence prepared to the applicable expert witness code: a stated opinion, the facts and assumptions relied on, the methodology, and the valuer's declaration and credentials. We prepare reports for family law, tax disputes and general litigation, and can act as a single expert where the court directs.
What makes a report an expert report
An expert witness report is a document prepared for the court under a duty that overrides any duty to the party paying for it. It must set out the expert's instructions, qualifications, the facts and assumptions relied on, the reasoning behind each conclusion, and any matter that would materially affect the opinion. A valuation prepared for a client and later relabelled as expert evidence will not satisfy that standard.
The codes we prepare to
Which code applies depends on the jurisdiction. We confirm it with the instructing solicitor before drafting, because it changes the structure of the report.
- Federal Circuit and Family Court of Australia (Family Law) Rules 2021, Part 7 — single expert witness reports.
- Harmonised Expert Witness Code of Conduct — adopted across most Australian superior courts.
- Federal Court Expert Evidence Practice Note (GPN-EXPT).
- API Professional Practice Standards — the valuation methodology underneath the expert framing.
Matters we are instructed on
Expert valuation evidence is usually needed where the value of real property is genuinely in dispute, or where a single expert has been appointed to resolve it.
- Family law property settlements, as a single expert or a party expert.
- ATO objections, AAT reviews and tax litigation over market value.
- Estate disputes and family provision claims.
- Partnership, shareholder and joint-venture disputes involving land.
- Compulsory acquisition and compensation matters.
- Rent reviews and lease determinations referred to a court or arbitrator.
How the evidence is built
The valuation methodology is the same rigorous process we apply to every report — the difference is in the documentation. Every assumption is attributed to an instruction or a source, so that each step can be tested in the witness box.
- Written instructions and the questions the expert has been asked to answer, reproduced in full.
- Every factual assumption stated and sourced.
- Full comparable sales schedule with the reasoning for each adjustment.
- A statement of any matters outside the expert's expertise or beyond the available evidence.
- Curriculum vitae and declaration of compliance with the applicable code.
Beyond the report
A report is often the start rather than the end. We are available for the steps that follow, and we quote them separately so there are no surprises.
- Conferences with the instructing solicitor and counsel.
- Joint expert conferences and joint statements of agreement and disagreement.
- Responses to a supplementary or opposing expert report.
- Attendance at hearing for cross-examination.
How it works — five steps
Worked example: a family law matter with two competing values
Illustrative example
A former couple disagree about the value of the former matrimonial home. One has an agent appraisal, the other a bank valuation obtained for refinancing. Neither is evidence.
- Neither document was prepared for the court: an agent appraisal is a marketing opinion, and a bank valuation is prepared for a lender on assumptions that suit lending, not litigation.
- The parties can appoint a single expert jointly, or each appoint their own — a decision that changes the cost, the timetable and the ability to test the figure.
- On a single expert engagement we take instructions from both parties on a joint brief, so the scope, the effective date and the questions asked are agreed before any work begins.
- We inspect, research and analyse as for any valuation, but the report is written to the applicable expert witness code: the questions asked, the facts and assumptions relied on, the reasoning, any matter that materially qualifies the opinion, and the valuer’s declaration and credentials.
- Where the parties have appointed separate experts, the experts typically confer and produce a joint statement identifying what is agreed and where they differ, and why.
- If the matter proceeds, the valuer is available for cross-examination on the report as written.
The trap. The brief matters more than people expect. A valuer can value a property at a date; a valuer cannot decide which date the law requires, or which of two competing accounts of the property’s history is true. Those are questions for the lawyers, and a brief that asks the expert to choose produces a report that is vulnerable on exactly that point.
This scenario is constructed to illustrate the method and the sequence. It is not a client matter, contains no client information, and is not a prediction about your property. Which provision applies to your circumstances is a question for your accountant or tax agent.
What goes wrong
The errors we are asked to correct are almost never errors of judgement about value. They are procedural, they are made before anyone thinks to involve a valuer, and they cost more to fix than to avoid.
Retrofitting a tax report for court. A report written for a tax file has no code acknowledgement, no declaration and no statement of facts and assumptions. Amending one afterwards is worse than commissioning a fresh report, because the amendments themselves become a line of cross-examination.
Instructing on a question the expert cannot answer. Asking a valuer to determine the applicable date, or to prefer one party’s version of the facts, exceeds the expertise and undermines the report.
Treating a bank valuation as evidence. It was prepared for a lender, on lending assumptions, often without an internal inspection, and addressed to someone who is not a party. It will not carry weight and offering it can damage credibility.
Sources
- Market valuation for tax purposes — Australian Taxation Office — the eight valuation fundamentals
- Income Tax Assessment Act 1997 — Consolidated Act, AustLII
- Australian Property Institute — Professional Practice Standards and the CPV designation
This page is general information about how valuations are used for tax purposes. It is not tax advice. Your accountant or tax agent should confirm which provision applies to your circumstances.
Written and reviewed by
Jarrad Khoury
Head of Valuations at Asset Valuations Group, where he leads the Business Valuation Services division. Over 10 years in property and business valuation. Registered Valuer in Queensland (Not Limited), Licensed Valuer in Western Australia (Not Limited), CPV through the Australian Property Institute (Not Limited), CPV and CBV through the Australian Valuers Institute, and Registered Business Valuer through the AIBB.
Last reviewed 15 September 2026 · About the practice · Editorial policy
FAQs
Expert witness questions, answered.
The questions clients, accountants and solicitors ask us most often.
Can you act as a single expert witness?
Yes. We are regularly appointed as a single expert in family law property matters, and we accept joint instructions from both parties' solicitors.
How long does an expert report take?
Typically 7–10 business days from inspection, longer where the property is complex or the instructions raise multiple questions. Urgent court timetables can usually be accommodated — tell us the date at the quote stage.
Do you attend court?
Yes. Attendance for cross-examination, joint expert conferences and conferences with counsel are all available and quoted separately from the report.
Which code will the report comply with?
We confirm the jurisdiction with the instructing solicitor and prepare to the applicable code — Part 7 of the Family Law Rules 2021 in the Federal Circuit and Family Court, the Harmonised Expert Witness Code in most superior courts, GPN-EXPT in the Federal Court.
How much does an expert report cost?
Expert reports are quoted individually, because the scope depends on the questions asked and the complexity of the property. The fee is fixed in writing before we begin.
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