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07, Independent, Rev A, Post-completion

Independent expert evidence

Independent quantum opinion owed to the court or tribunal, prepared under the RICS professional standard for surveyors acting as expert witnesses and the court's expert code of conduct.

Available for independent quantum expert appointments. Completing the RICS Expert Witness Certificate (2026).

How an appointment proceeds

  1. Step 01

    Conflict check

    Names of the parties and the project only.

    • Those instructing CC 01 · conflict check

  2. Step 02

    Disclosure

    Any earlier work for a party, to those instructing and to the court or tribunal.

    • Expert LTR 01 · disclosure

  3. Step 03

    Letter of instruction

    The questions, the documents and the timetable.

    • Those instructing LOI 01 · letter of instruction

  4. Step 04

    Code acknowledged

    The court's expert code of conduct, acknowledged in writing.

    • Expert ACK 01 · code of conduct · UCPR Sch 7

  5. Step 05

    Report

    The opinion, its basis and its assumptions.

    • Expert ER 01 · expert report

  6. Step 06

    Joint report and conclave

    Where the court or tribunal directs.

    • Both experts Where directed: JR 01 · joint report

  7. Step 07

    Hearing

    Oral evidence, if and as the court or tribunal requires.

    • Court or tribunal If required: HRG 01 · hearing

Illustrative. No matter, party or date is shown. UCPR Sch 7 is the expert witness code of conduct in the Uniform Civil Procedure Rules 2005 (NSW).

Fig. 1The order in which an independent quantum appointment proceeds.

Source: SUMIT, Instructing SUMIT; RICS, Surveyors acting as expert witnesses (4th edition, amended February 2023; 5th edition effective 30 November 2026).

Instructing SUMIT: the steps in full

Areas of opinion

Malachy Mullin is available to give quantum opinion for courts, arbitration and tribunals, including joint reports and expert conclaves.

  1. 01valuation of variations
  2. 02progress payments, payment schedules and final accounts
  3. 03NEC4 compensation events, target cost and cost to complete
  4. 04calculation of liquidated damages
  5. 05measurement and pricing of defect rectification
  6. 06delay, disruption, prolongation and acceleration costs
  7. 07joint reports, conclaves and Scott schedules

Outside his field: delay analysis (critical path or programme analysis), the cause of defects, compliance with building codes and standards, engineering design, and the construction of a contract as a matter of law. Where a quantum opinion depends on those matters, he relies on the evidence of other experts or on assumptions stated in the report.

The expert's duty is to the court

An expert witness has an overriding duty to assist the court or tribunal impartially. That duty is owed to the court, not to the party that instructs or pays the expert, and the expert is not an advocate for a party.

  • Source: Uniform Civil Procedure Rules 2005 (NSW) Sch 7 cl 2
  • Federal Court of Australia, Expert Evidence Practice Note (GPN-EXPT)
  • RICS, Surveyors acting as expert witnesses

One capacity at a time

We act in one capacity at a time on any matter. We do not act as a party's advocate and its independent expert in the same dispute. If we have advised a party before, we tell those instructing us and the court or tribunal, and accept an expert appointment only where we can meet our overriding duty to it.

Every appointment starts with a conflict check. Send the names of the parties and the project only; please do not send documents at this stage.

The expert

  • Expert evidence is given by a named individual. SUMIT's expert is Malachy Mullin BSc (Hons) MRICS ACIArb, Director.
  • Chartered Quantity Surveyor (MRICS) and Associate of the Chartered Institute of Arbitrators.
  • Assisted the appointed quantum expert in NSW District Court proceedings on residential defects, costing four rectification options.
  • A RICS-regulated firm that acts in one capacity at a time on any matter, with a conflict check and disclosure of any earlier work for a party before every appointment.
  • Regulated by RICS: firm certificate (PDF), valid to 27 June 2027

Fees

Independent work is charged by the hour. Fees are never conditional on the outcome of the proceedings.

Request a conflict check

Instructing a quantum expert? Request a conflict check: malachy@sumitconsulting.com.au

Request a conflict check

Written by Malachy Mullin, Director. Last reviewed 13 October 2026.