What an expert building report must contain: VCAT, NCAT and the Federal Court
23 September 2026 · 9 min read · Aiman Salem
An expert report for a tribunal or court is judged on two things. The first is the opinion: whether it is reasoned, supported and within the author's expertise. The second is the one that catches experienced engineers out: whether the report does what the tribunal's own rules say an expert report must do. A sound opinion in a non-conforming report gives the other side something to attack before the engineering is even discussed.
This guide covers the three sets of rules building experts meet most often in the eastern states: VCAT's practice note on expert evidence (PNVCAT2), NCAT's Procedural Direction 3, and the Federal Court's Expert Evidence Practice Note (GPN-EXPT) with the Harmonised Expert Witness Code of Conduct. It describes what they require in our own words. Always read the current version of the rule that applies to your matter. Practice notes are revised, and the version in force on the day you sign is the one that counts.
What all three require
Allowing for differences in wording, every one of the three expects the report to contain the following. Treat it as a checklist to run before you sign.
- Your name and address. The address is commonly left out. All three ask for it.
- Your qualifications to give this opinion. A CV lists what you have done. The rules ask for something narrower: why your training and experience qualify you to answer the questions in this matter. A pasted CV does not answer that on its own.
- The facts and assumptions the opinion rests on, kept separate from what you observed. A reader must be able to tell which statements you saw for yourself and which you were told or assumed.
- The reasons for each opinion. A conclusion without the path to it is the weakest part of any report under cross-examination.
- Any examinations, tests or investigations, and who carried them out. If no tests were done, say so. Leaving the heading out entirely reads as an omission.
- The documents and materials you relied on.
- A declaration in the form the rule prescribes, signed.
NCAT and the Federal Court also expect you to say where a question falls outside your area of expertise, where you have relied on someone else's opinion, and where an opinion is not concluded because you lack information. These are sensible inclusions under VCAT's practice note too: a report that marks the edges of its own opinion is harder to push past them.
Where they differ
- Acknowledging the code of conduct. NCAT and the Federal Court require a statement that you have read and agree to be bound by the applicable expert code. The wording and the code differ between them, so don't copy one into the other.
- Rectification work (VCAT). Where you recommend repair or rectification, VCAT's practice note asks for the reasons for the work, its likely cost, and whether there are alternative ways to remedy the problem. A report that recommends work without these invites the question of why that option was chosen.
- Generative AI (VCAT). VCAT has a practice note on the use of generative AI. If a tool drafted any part of your report, check what the current note requires you to disclose, and use its form of words rather than your own.
- The declaration itself. Each rule has its own wording. Use the one for the forum you are writing for, word for word.
The omissions that weaken reports most often
- A missing address, because a name and letterhead feel like enough.
- A CV instead of a statement of expertise for the questions in this matter.
- No statement about tests when none were done.
- Observations and assumptions mixed together, so the reader cannot tell what the expert actually saw.
- Evidence placed after the declaration. A levels plan or a photograph that the discussion relies on should come before the declaration, or sit in a clearly labelled appendix that the report refers to. The declaration certifies what precedes it.
- The instructions summarised rather than stated. The rules expect the questions you were asked, and any limits on your scope, to be set out.
- Inconsistent parties or facts between the cover, the instructions and the body, which usually comes from starting with an earlier report as a template.
Before you sign
Read your report the way the other side's counsel will. For each opinion, ask what you would be asked about it in the witness box: what you assumed, what you did not test, and what else could explain what you saw. If the report does not already answer those questions, it is not finished.
Written for practising inspectors and engineers. This is general guidance about documenting an inspection, not engineering advice about any particular building. reportai.au is software for writing reports — it does not carry out inspections, and it does not certify anything. Professional judgement stays with the person who signs the report.
More field notes · What reportai.au does · Pricing
Home · What is ReportAI · For homeowners · For builders · Pricing · FAQ · About · Field notes · Contact · Create an account · Sign in · Terms · Privacy · Refunds
reportai.au is a report documentation tool. It does not carry out inspections, does not assess or certify the condition of any building, and does not provide engineering services. Reports are AI-assisted drafts prepared for the inspecting engineer to check, correct, and sign off. All professional judgement remains yours.
Aiman Salem, trading as ReportAi.au · ABN 95 973 765 172 · admin@reportai.au · Prices in Australian dollars.