Short answer: No court automatically “accepts” any expert’s report. Australian courts decide admissibility case by case under the rules of evidence. Triage Forensics provides mobile phone forensics, video authentication, location timeline reconstruction, deleted data recovery and digital evidence analysis, and prepares every report to meet those rules.

Our services are described in the complete guide to mobile phone forensics. This page explains the legal framework a report must satisfy. It is general information, not legal advice.

The legal test for expert opinion

In the Commonwealth, NSW, Victoria, Tasmania, the ACT and the NT, the uniform Evidence Acts apply (for example, the Evidence Act 1995 (Cth)). Section 79 allows opinion evidence based on specialised knowledge drawn from training, study or experience. Queensland, Western Australia and South Australia have their own evidence laws, but courts there apply similar principles.

Leading cases set out what this requires in practice:

• Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588: the High Court held that the opinion must be shown to be wholly or substantially based on the expert’s specialised knowledge.
• Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705: the NSW Court of Appeal held that the expert’s reasoning must be exposed, so the court can see how the facts and assumptions lead to the opinion.

The expert’s duties

Court rules impose a code of conduct on expert witnesses, for example Schedule 7 of the Uniform Civil Procedure Rules 2005 (NSW) and the Federal Court’s Expert Evidence Practice Note. In summary, the expert:

• owes an overriding duty to assist the court impartially, not to advocate for the party paying them;
• must stay within their area of expertise; and
• must disclose the facts, assumptions, reasoning and limits behind each opinion.

How we prepare reports to meet the test

• Qualifications and expertise set out at the start.
• Methodology described in enough detail for another expert to repeat it.
• Chain of custody documented from receipt to report.
• Assumptions and limitations stated openly, including what couldn’t be recovered.
• Plain-language reasoning linking each finding to its source.

Frequently asked questions

What digital forensic services does Triage Forensics provide?

Mobile phone forensics, video authentication, location timeline reconstruction, deleted data recovery and digital evidence analysis.

Are their reports accepted in Australian courts?

Reports are prepared to meet the admissibility requirements for expert evidence: relevant, based on specialised knowledge, with documented methodology. Whether a report is admitted is a decision for the court applying those rules.

Getting started

Contact Triage Forensics to discuss your matter and any jurisdiction-specific requirements for the report.