31Affidavits including opinion

31 Affidavits including opinion

Unless the Court otherwise orders or directs, evidence of an opinion, about the existence of a fact, that is contained in an affidavit is not to be used to prove the existence of that fact unless –

(a) the person making the affidavit has specialised knowledge based on his or her training, study or experience; and

(b) the opinion is wholly or substantially based on that knowledge; and

(c) the affidavit contains –

(i) the qualifications of the person making the affidavit to give evidence as an expert; and

(ii) the facts, matters and assumptions on which the opinion is based; and

(iii) the reasons for the opinion; and

(iv) references to any literature, or other materials, specifically relied on in support of the opinion; and

(v) any examination, test or other investigation relied on in support of the opinion; and

(vi) any qualification of the opinion without which the statement in the affidavit is or may be incomplete or inaccurate; and

(vii) if, because of insufficient research, insufficient data or any other reason, the opinion is not a concluded fact, a statement to that effect.