EWI

Terms and Conditions

Effective date: 22 June 2026

These Terms and Conditions apply to your access to and use of the website located at www.ewinstitute.com.au and any related pages, forms, portals, platforms, documents, communications, marketplace functions, services or features operated by or on behalf of Australian Institute of Expert Witnesses Pty Ltd trading as Expert Witness Institute or "EWI".

By accessing or using the Website, submitting an enquiry, requesting an Expert, applying to join the platform, registering for training, using EWI's marketplace or administrative services, or otherwise engaging with EWI, you agree to these Terms and Conditions.

If you do not agree with these Terms and Conditions, you must not use the Website or the Services.

1. About EWI

EWI operates a marketplace, referral and administrative platform that helps Clients identify and connect with independent Experts.

EWI may facilitate services including expert search, expert matching, expert introductions, identity verification, onboarding, engagement administration, document exchange, billing, appointment coordination, communication record-keeping, evidence bundle preparation, signing, sealing, authentication and related administrative support.

EWI may also offer or facilitate expert witness training, academy services, CPD programs, membership, accreditation pathways and related educational or platform services.

EWI does not itself provide expert evidence, medical advice, legal advice, forensic advice, litigation advice, insurance advice, claims advice or professional opinions.

EWI is not a law firm, medical practice, expert practice, insurer, claims manager, litigation funder, court, tribunal, government agency or labour hire provider.

2. Definitions

In these Terms:

Client means a law firm, insurer, government body, court, tribunal, organisation, business, individual or other person who requests, purchases or uses EWI's marketplace, referral, administrative, training or platform services.
Expert means an independent medical practitioner, psychologist, behavioural specialist, allied health professional, consultant, reviewer or other professional who provides or may provide expert evidence, reports, opinions, examinations, reviews, consultations, training or related professional services.
Matter means any claim, dispute, litigation, insurance matter, assessment, investigation, proceeding, referral, examination, review or request for which a Client seeks to identify, brief, engage or communicate with an Expert.
Platform means EWI's marketplace, website, systems, forms, processes, portals, administrative services, document-handling systems, billing processes and related infrastructure.
Professional Services means any expert evidence, expert report, professional opinion, consultation, examination, assessment, review, oral evidence, written evidence, advice, reasoning, methodology, finding, conclusion or other substantive professional work performed by an Expert.
Services means the services provided by EWI, including marketplace, referral, expert matching, introduction, onboarding, verification, administration, billing, communication-record, document-handling, signing, sealing, authentication, training, CPD, membership, accreditation and related services. For clarity, Services do not include Professional Services provided by Experts.
Website means www.ewinstitute.com.au and any website, landing page, form, portal, platform or online service operated by or on behalf of EWI.
You means any person who accesses the Website or uses the Services, including Clients, Experts, referrers, applicants, course participants and website visitors.

3. Acceptance of Terms

You accept these Terms by:

accessing or using the Website;
submitting an enquiry or request through the Website;
requesting that EWI identify or introduce an Expert;
applying to become an Expert on the Platform;
registering for EWI membership, training, academy, CPD or accreditation services;
paying an invoice issued by EWI;
using any EWI portal, platform or document system; or
otherwise communicating with EWI in relation to the Services.

If you use the Website or Services on behalf of a company, law firm, insurer, government body, clinic, expert practice or other organisation, you warrant that you are authorised to bind that organisation to these Terms.

4. Eligibility

You must be at least 18 years old to use the Website or Services.

You must not use the Website or Services if doing so would breach any law, professional obligation, court order, confidentiality obligation, privacy obligation, ethical duty or duty owed to another person.

EWI may refuse, suspend or terminate access to the Website or Services at any time where EWI considers it necessary or appropriate to protect legal compliance, professional standards, expert independence, platform integrity, safety, confidentiality, privacy or EWI's legitimate business interests.

5. EWI's role as marketplace and administrative intermediary

EWI operates as a marketplace, referral and administrative intermediary.

EWI's role is limited to helping Clients identify and connect with independent Experts and providing related administrative, platform, billing, record-keeping, document-handling, signing, sealing and authentication services.

EWI does not:

provide expert evidence;
provide legal advice;
provide medical advice;
provide forensic advice;
provide case strategy;
act for any party in a legal proceeding;
supervise, direct or control Experts;
employ Experts;
supply Experts as labour hire personnel;
control the content of any Expert report;
settle, amend, improve, edit or approve Expert opinions;
guarantee the quality, admissibility or usefulness of Expert evidence;
guarantee the conduct or performance of any Client, lawyer, law firm, insurer, Expert or third party; or
assume responsibility for the acts, omissions, instructions, advice, opinions, conclusions, decisions or professional conduct of any Client, lawyer, law firm, insurer, Expert or third party.

EWI may be copied into emails, letters, instructions, communications or document exchanges for administrative, billing, audit, record-keeping, platform integrity, verification, signing, sealing or authentication purposes only. Being copied into communications does not mean that EWI reviews, approves, adopts, controls or comments on the content of those communications.

6. No professional advice from EWI

Information on the Website and any information provided by EWI is general only and is provided for marketplace, administrative and business communication purposes.

EWI does not provide legal, medical, clinical, forensic, insurance, litigation, evidentiary, regulatory, professional or strategic advice.

Nothing on the Website, in EWI's communications, in EWI's platform processes, in EWI's matching process or in any EWI document constitutes professional advice or a professional opinion.

You must obtain your own independent legal, medical, insurance, forensic or other professional advice where required.

7. No professional relationship created by Website use

Accessing the Website, submitting a form, requesting an Expert, applying to join the Platform or communicating with EWI does not by itself create:

a solicitor-client relationship;
a doctor-patient relationship;
an expert-client relationship;
a retainer with any Expert;
an employment relationship;
a labour hire relationship;
an agency relationship;
a partnership or joint venture;
a fiduciary relationship; or
any obligation on EWI to provide Services or identify an Expert.

Any substantive engagement of an Expert is subject to acceptance by the Expert, conflict checks, availability, scope confirmation, fee confirmation and any applicable engagement terms.

8. Expert independence

Each Expert is an independent professional.

Experts are not employees, workers, agents, representatives, partners, joint venturers or labour hire personnel of EWI.

Experts must exercise their own independent professional judgment.

Experts may owe duties to a court, tribunal, decision-maker, professional body, regulator, client, examinee or other person depending on the applicable law, expert witness code, professional standard, engagement terms and jurisdiction.

EWI does not and must not control, influence, supervise, settle, direct, manage, edit, amend, approve or determine any Expert's:

opinion;
methodology;
reasoning;
assumptions;
findings;
conclusions;
report content;
oral evidence;
written evidence;
professional advice;
response to a Client;
response to a lawyer;
response to an opposing expert;
response to a court or tribunal; or
professional judgment.

The Client acknowledges that preserving Expert independence is essential and that EWI's administrative involvement must not be interpreted as control over the Expert's professional work.

9. No labour hire or employment relationship

EWI is not a labour hire provider in relation to Experts.

Nothing in these Terms, any invoice, any engagement, any referral, any platform process or any communication creates an employment, labour hire, agency, partnership, representative, supervisory or worker relationship between EWI and any Expert.

Experts are responsible for their own professional practice, business structure, insurance, taxation, registrations, licences, professional obligations, work product and conduct.

Clients must not treat Experts as employees, workers, agents or representatives of EWI.

Experts must not represent themselves as employees, workers, agents or representatives of EWI.

10. Marketplace introduction and Expert engagement

EWI may help a Client identify and connect with an Expert based on information provided by the Client, including area of expertise, location, availability, matter type, jurisdiction, timing, document volume, assessment requirements, report requirements and apparent conflicts.

EWI's matching or referral process is administrative and marketplace-based only.

The Client is solely responsible for deciding whether to brief, instruct or engage a particular Expert.

The Expert is solely responsible for deciding whether to accept a Matter.

Once an Expert is introduced, the substantive professional relationship is between the Client and the Expert, not between the Client and EWI and not between EWI and the Expert in relation to the Expert's Professional Services.

EWI is not responsible for the Expert's suitability for a particular Matter except to the extent expressly required by law and not capable of exclusion.

11. Rudimentary checks and KYC

EWI may conduct rudimentary checks, onboarding checks, identity verification, KYC, credential collection, professional profile review, platform eligibility review or other administrative screening in relation to Experts.

These checks are limited and administrative in nature.

Unless expressly agreed in writing, EWI does not warrant or guarantee:

an Expert's qualifications;
an Expert's current registration status;
an Expert's disciplinary history;
an Expert's insurance status;
an Expert's competence;
an Expert's suitability for a particular Matter;
an Expert's availability;
an Expert's independence;
an Expert's compliance with professional obligations;
an Expert's report quality; or
an Expert's admissibility as an expert witness.

Clients must make their own enquiries and satisfy themselves that an Expert is appropriate for the relevant Matter.

Experts warrant to EWI and to Clients that all information they provide to EWI is accurate, complete, current and not misleading.

12. Client responsibilities

Clients are solely responsible for:

selecting whether to engage an Expert;
determining whether an Expert is suitable for the Matter;
providing lawful, accurate, complete and appropriate instructions to the Expert;
providing all relevant documents, materials, evidence, assumptions, questions and deadlines;
identifying applicable court rules, tribunal rules, procedural rules, expert codes, professional obligations and evidence requirements;
identifying any known conflicts or potential conflicts;
obtaining all required consents, authorities and permissions before providing personal, sensitive, health, legal, confidential or privileged information;
ensuring that any information provided to EWI or an Expert may lawfully be provided;
complying with all privacy, confidentiality, professional, ethical and legal obligations;
ensuring that the Expert is not improperly influenced;
deciding how to use any Expert report, opinion, evidence or communication;
obtaining legal advice about the use, admissibility, service, filing or deployment of Expert evidence;
paying all applicable fees; and
managing the Client's own legal, professional and commercial risks.

EWI is not responsible for any Client instruction, legal strategy, litigation decision, document selection, evidence use, court filing, settlement decision, claim decision or professional advice.

13. Lawyer, law firm and Client-side liability

EWI is not responsible for the acts, omissions, instructions, advice, conduct, strategy, negligence, breach of duty, breach of confidentiality, breach of privilege, breach of privacy, breach of court rules, breach of professional obligations or decisions of any lawyer, law firm, barrister, insurer, claims manager, Client, Client representative or third party.

EWI does not verify, approve or adopt any legal advice, instructions, brief, letter of instruction, assumptions, questions, litigation strategy, evidence strategy, claim position, defence position, settlement position or communication provided by a Client, lawyer, law firm, insurer or third party.

EWI is not liable for any loss, claim, cost, damage, liability or expense arising from:

deficient, inaccurate, misleading, incomplete, late or unlawful Client instructions;
the selection or non-selection of an Expert by a Client;
a lawyer's advice or failure to advise;
a Client's or lawyer's use or misuse of an Expert report;
a Client's or lawyer's failure to comply with court rules, tribunal rules, expert codes or professional obligations;
loss of privilege or confidentiality caused by a Client, lawyer, law firm, insurer or third party;
litigation outcomes, settlement outcomes, claim outcomes or evidentiary rulings;
an Expert report being rejected, challenged, criticised, excluded or given reduced weight;
missed deadlines caused by Client-side delay or third-party delay; or
any dispute between a Client, lawyer, law firm, insurer, Expert, opposing party, court, tribunal or third party.

14. Expert-side liability

EWI is not responsible for the acts, omissions, opinions, reasoning, methodology, findings, conclusions, reports, oral evidence, written evidence, professional services, negligence, misconduct, breach of duty, breach of professional standards, breach of court rules, breach of expert codes, breach of confidentiality, breach of privacy or non-performance of any Expert.

Each Expert is solely responsible for their own Professional Services.

EWI does not adopt, endorse, approve or warrant any Expert's report, opinion, evidence or communication.

EWI is not liable for any loss, claim, cost, damage, liability or expense arising from:

an Expert's professional opinion;
an Expert's report;
an Expert's reasoning, methodology, assumptions, findings or conclusions;
an Expert's failure to identify relevant issues;
an Expert's delay, refusal or inability to complete work;
an Expert's conflict of interest;
an Expert's lack of qualification, registration, licence, insurance, competence or suitability;
an Expert's conduct in conference, examination, joint conclave, court, tribunal or cross-examination;
an Expert's breach of an expert witness code, court rule, professional standard or ethical obligation;
an Expert's communications with a Client, lawyer, law firm, insurer, court, tribunal or third party;
an Expert's error, omission, negligence or misconduct; or
any dispute between a Client and an Expert.

To the maximum extent permitted by law, the Client releases EWI from all liability arising from or connected with Professional Services provided by an Expert.

15. Instructions, letters of instruction and communications

EWI may assist with administrative handling of letters of instruction, engagement documents, briefs, drafts, correspondence, document uploads, matter records and related communications.

“Handling” means administrative handling only.

EWI does not draft, settle, approve, correct, improve, alter, comment on or provide professional input into the substance of:

letters of instruction;
questions to Experts;
assumptions provided to Experts;
Client documents;
Expert reports;
draft reports;
final reports;
rebuttal reports;
joint reports;
conclave materials;
Expert communications; or
legal or professional advice.

EWI may monitor communications by being copied into emails, letters or platform messages for record-keeping, administration, billing, auditing, matter tracking, signing, sealing, authentication and platform integrity purposes only.

EWI's receipt of, access to or storage of any communication does not mean that EWI has reviewed, approved, adopted, commented on or accepted responsibility for that communication.

16. Documents, drafts and reports

Experts may upload reports, draft reports, final reports, attachments, appendices, annexures and supporting documents through EWI's Platform.

Unless expressly agreed in writing, EWI does not modify, convert, edit, amend, settle, comment on, improve, rewrite, approve or provide input into the content of any Expert report.

EWI may perform administrative document-handling functions, including receiving, storing, organising, transmitting, linking, bundling, signing, sealing, notarising, verifying or authenticating documents.

Any final signing, sealing, notarisation, blockchain verification, visual likeness authentication or similar process performed or facilitated by EWI is an administrative and integrity process only. It does not constitute approval, endorsement, legal review, expert review, quality assurance of content or professional acceptance of the document's substance.

Each Expert remains solely responsible for the content, accuracy, independence, methodology, reasoning, conclusions, compliance and professional defensibility of their report.

Each Client remains solely responsible for deciding whether and how to use, serve, file, rely on or challenge any report.

17. Evidence bundles, signing, sealing and authentication

EWI may facilitate preparation of final evidence bundles containing reports, attachments, appendices, certificates, signatures, seals, authentication records, blockchain verification, visual likeness authentication, notarisation or related materials.

These services are administrative, technical and document-integrity services only.

EWI does not warrant or guarantee that any evidence bundle, report, signature, seal, authentication record or verification process will be accepted by a court, tribunal, insurer, regulator, opposing party, lawyer or decision-maker.

EWI is not responsible for determining whether any evidence bundle satisfies applicable rules of evidence, court rules, tribunal rules, expert codes, procedural orders, filing requirements, service requirements, admissibility requirements or professional obligations.

The Client and its legal advisers are solely responsible for checking and complying with all filing, service, evidentiary, procedural and professional requirements.

18. No guarantee of outcome

EWI does not guarantee:

that an appropriate Expert will be available;
that a Client will select or engage an Expert;
that an Expert will accept a Matter;
that an Expert will provide a favourable opinion;
that an Expert's report will support a Client's position;
that an Expert's report will be admissible;
that an Expert will withstand challenge or cross-examination;
that a court, tribunal, insurer, regulator, lawyer, opposing party or decision-maker will accept an Expert's evidence;
that any Matter will settle, succeed, fail, resolve or progress in a particular way;
that any deadline will be met where delay is caused by an Expert, Client, lawyer, third party, document volume, examination scheduling, complexity, technology, illness or circumstances outside EWI's control; or
that any particular legal, medical, forensic, insurance, commercial, evidentiary or professional outcome will occur.

19. Expert applications, panel and platform participation

Experts may apply to join EWI's Platform, panel, directory, referral network, academy, membership or accreditation pathway.

EWI may accept, reject, suspend, remove, restrict, review or terminate an Expert's participation at EWI's discretion, subject to any written agreement and applicable law.

Experts must provide accurate, complete and current information about their identity, qualifications, registrations, licences, experience, insurance, restrictions, conflicts, disciplinary history, availability, practice areas, business structure and contact details.

Experts must promptly notify EWI of any change that may affect their eligibility, suitability, independence, insurance, registration, licence, availability or ability to provide Professional Services.

Experts must maintain all registrations, licences, insurances, approvals, CPD, professional memberships and other requirements necessary to provide their Professional Services.

EWI may remove an Expert from the Platform if EWI considers that the Expert may create legal, ethical, regulatory, reputational, professional, operational or platform risk.

20. Expert warranties and indemnity

Each Expert warrants that:

they are appropriately qualified, registered, licensed and insured to provide their Professional Services;
all information provided to EWI is accurate, complete, current and not misleading;
they will act independently and in accordance with applicable expert witness duties;
they will comply with all applicable laws, court rules, tribunal rules, expert codes, professional standards, ethical duties and regulatory requirements;
they will not represent themselves as an employee, worker, agent or representative of EWI;
they will not allow EWI's administrative involvement to compromise their independence;
they will identify and manage conflicts of interest;
they will prepare all reports and opinions independently; and
they will be solely responsible for their Professional Services.

Each Expert indemnifies EWI against all loss, liability, claim, cost, damage or expense arising from or connected with:

the Expert's Professional Services;
the Expert's report, opinion, evidence, advice, communication or conduct;
the Expert's breach of law, professional standards, court rules, tribunal rules, expert codes or ethical obligations;
the Expert's negligence, misconduct, error or omission;
the Expert's breach of confidentiality, privacy or privilege;
the Expert's inaccurate, incomplete or misleading information;
the Expert's failure to maintain registration, licence, insurance or competence; or
any claim by a Client, examinee, lawyer, law firm, insurer, court, tribunal, regulator or third party relating to the Expert.

21. Client warranties and indemnity

Each Client warrants that:

it has authority to submit all information and documents provided to EWI or an Expert;
all information and documents provided are accurate, complete and not misleading;
it has obtained all required consents, authorities and permissions;
it will not seek to improperly influence an Expert;
it will comply with all applicable laws, court rules, tribunal rules, expert codes, professional obligations, privacy obligations and confidentiality obligations;
it will obtain its own legal and professional advice;
it will not rely on EWI as a legal, medical, forensic, expert or litigation adviser; and
it will pay all applicable fees when due.

Each Client indemnifies EWI against all loss, liability, claim, cost, damage or expense arising from or connected with:

the Client's instructions;
documents or information provided by the Client;
the Client's selection, briefing, engagement or use of an Expert;
the Client's use, misuse, filing, service, reliance on or publication of any Expert report or evidence;
the Client's breach of law, court rules, tribunal rules, expert codes, professional obligations, privacy obligations or confidentiality obligations;
the Client's breach of privilege or confidentiality;
the Client's failure to obtain consent or authority;
the Client's non-payment of fees;
any claim by an Expert, examinee, lawyer, law firm, insurer, court, tribunal, regulator or third party arising from the Client's conduct; or
any dispute between the Client and an Expert.

22. Fees, invoicing and payment

EWI may issue invoices to Clients for marketplace, platform, referral, administrative, document-handling, signing, sealing, authentication, training, membership, accreditation and related services.

EWI may also invoice Clients for amounts relating to the provision of services by independent Experts, including document review, consultation, examination, report writing, rebuttal report preparation, joint report preparation, conference attendance, court attendance, travel, cancellation fees and related work.

Invoices may include:

Expert service fees passed through or charged in connection with the provision of services by independent Experts;
EWI platform fees;
EWI administrative fees;
document-handling, signing, sealing, authentication, verification or evidence-bundle fees;
training, membership, academy, accreditation or CPD fees;
cancellation, rescheduling or non-attendance fees;
third-party costs;
GST where applicable; and
other fees disclosed to the Client.

Invoices should not be interpreted as creating an employment, labour hire, agency or supervisory relationship between EWI and any Expert.

Line items may describe the relevant services as “provision of services by independent expert”, “expert report services”, “document review by independent expert”, “consultation by independent expert”, “platform fee”, “administrative fee”, “evidence bundle authentication fee” or similar.

Unless expressly agreed in writing:

all fees are quoted in Australian dollars;
GST may be added where applicable;
invoices are payable by the due date stated on the invoice;
EWI may require payment before commencing or continuing Services;
EWI may withhold administrative processing, platform access, document release, signing, sealing or authentication until payment is received, to the extent permitted by law and any applicable professional obligations;
overdue amounts may attract interest and recovery costs; and
the Client is responsible for all reasonable costs of recovering overdue amounts.

23. Refunds, cancellations and rescheduling

Refunds, cancellations and rescheduling are subject to any applicable quote, invoice, booking terms, engagement terms, course terms or written agreement.

Without limiting rights that cannot be excluded under Australian Consumer Law:

EWI may charge cancellation, rescheduling or non-attendance fees where Expert time has been reserved, work has commenced, administrative work has been performed, platform resources have been allocated or third-party costs have been incurred;
deposits, retainers or prepayments may be applied against work performed, time reserved, administrative costs and third-party costs;
training, academy, CPD, accreditation or membership fees may be non-refundable after access has been provided or after a stated cancellation deadline;
no refund is available merely because an Expert's independent opinion is unfavourable, unexpected, incomplete, challenged, rejected or not useful to the Client; and
no refund is available merely because a Client elects not to use, file, serve or rely on an Expert's report.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or protection that cannot lawfully be excluded, restricted or modified.

24. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or protection that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law or any other applicable law.

To the maximum extent permitted by law, where EWI is permitted to limit its liability for breach of a consumer guarantee or other non-excludable obligation, EWI's liability is limited, at EWI's option, to:

the resupply of the relevant Services; or
the payment of the cost of having the relevant Services supplied again.

For clarity, this clause does not make EWI responsible for Professional Services provided independently by Experts, except to the extent such liability cannot lawfully be excluded.

25. Information and documents submitted by users

You are responsible for all information, documents, files, instructions, data, records, images, reports and other materials you submit to EWI or upload to the Platform.

You warrant that:

you have the right to provide the material;
the material is accurate, complete and not misleading;
providing the material does not breach any law, privacy obligation, confidentiality obligation, professional duty, court order, privilege or third-party right; and
EWI may use, store, process and disclose the material as reasonably necessary to provide the Services, administer the Platform, keep records, process payments, facilitate communications, support signing and sealing, comply with legal obligations and protect EWI's rights.

You must not upload or send any material that is unlawful, defamatory, abusive, misleading, malicious, infringing, corrupted, harmful or irrelevant to a legitimate enquiry or Service.

26. Personal information, sensitive information and health information

EWI may collect, hold, use and disclose personal information, sensitive information and health information in connection with the Website, Platform and Services.

EWI handles personal information in accordance with its Privacy Policy, which should be read together with these Terms.

By using the Website or Services, you consent to EWI collecting, using and disclosing personal information as reasonably necessary to:

respond to enquiries;
assess requests;
identify and introduce Experts;
conduct onboarding, identity verification and KYC;
administer Matters;
facilitate document exchange;
coordinate appointments;
process payments and invoices;
maintain records;
support signing, sealing, verification and authentication;
manage complaints and disputes;
comply with legal obligations;
improve the Website, Platform and Services; and
communicate with you.

You must not provide personal information, sensitive information or health information about another person unless you are authorised to do so and have obtained any required consent.

27. Confidentiality

EWI will take reasonable steps to maintain the confidentiality of confidential information provided to it.

However, EWI may disclose confidential information:

to Experts for the purpose of facilitating a Client's request;
to Clients for the purpose of facilitating Expert introductions or administration;
to employees, contractors, advisers, technology providers, payment providers, verification providers, document service providers and other service providers;
where authorised by you;
where required by law, court order, tribunal order, regulator, insurer, professional body or lawful authority;
to manage conflicts, complaints, risks, debts, insurance, legal claims, platform integrity or professional obligations;
to enforce these Terms;
in connection with a business transfer, restructure, merger, acquisition or sale; or
as otherwise permitted by law or any applicable agreement.

EWI's role as an administrative intermediary does not make EWI responsible for maintaining legal professional privilege or litigation privilege in communications between Clients, lawyers and Experts. Clients and their legal advisers are solely responsible for managing privilege, confidentiality and disclosure risk.

28. Security and electronic communications

EWI takes reasonable steps to protect information submitted through the Website and Platform. However, no website, portal, email system, blockchain tool, authentication tool, storage system or electronic communication method is completely secure.

You acknowledge that electronic communications and digital systems may be delayed, intercepted, corrupted, lost, misdirected, altered, unavailable or accessed without authorisation.

You are responsible for maintaining the security of your own systems, devices, networks, email accounts, passwords, login credentials and access permissions.

EWI is not responsible for loss caused by your failure to maintain appropriate security.

29. Website and Platform availability

EWI aims to keep the Website and Platform available and functioning, but does not guarantee uninterrupted, secure, error-free or continuous access.

EWI may modify, suspend, withdraw, restrict or discontinue any part of the Website, Platform or Services at any time.

EWI is not liable for loss arising from downtime, maintenance, cyber incidents, third-party service failures, internet failures, hosting failures, payment provider failures, authentication provider failures, document system failures or unavailability.

30. Third-party services

The Website, Platform or Services may involve or link to third-party websites, platforms, tools, payment providers, booking systems, identity verification providers, blockchain tools, authentication providers, document-signing providers, storage providers, communication systems or other services.

Third-party services are provided by third parties and are not controlled by EWI.

EWI is not responsible for third-party content, terms, privacy practices, security, availability, performance, errors, omissions, representations or conduct.

Your use of third-party services may be subject to separate terms and policies.

31. Intellectual property

Unless otherwise indicated, all intellectual property rights in the Website, Platform and EWI content are owned by or licensed to EWI.

This includes text, designs, graphics, logos, icons, layouts, templates, resources, articles, training materials, frameworks, methodologies, documents, software, databases, trade marks, service marks and other content.

You may view and use Website content for your internal business or personal purposes only.

You must not, without EWI's prior written consent:

copy, reproduce, republish, distribute, modify, adapt, scrape, crawl, frame, mirror or commercially exploit Website or Platform content;
use EWI's name, logo, branding or trade marks;
reverse engineer, decompile or interfere with Website or Platform functionality;
use Website or Platform content to develop a competing service;
remove copyright, trade mark or proprietary notices; or
represent that you are affiliated with, endorsed by or authorised by EWI where that is not the case.

32. Training, academy, CPD, membership and accreditation

EWI may offer or facilitate training, academy programs, CPD, membership, accreditation pathways, educational resources and related services.

These services are for professional development and educational purposes only.

Unless expressly stated in writing, participation in EWI training, academy, CPD, membership or accreditation services does not guarantee:

admission to membership;
accreditation;
referral work;
a particular income level;
court recognition;
professional recognition;
acceptance by any insurer, law firm, court, tribunal, regulator or professional body;
competence to act in any particular Matter; or
any specific professional, commercial or legal outcome.

EWI may set eligibility criteria, assessment requirements, conduct standards, renewal requirements, CPD obligations and review processes for membership and accreditation.

EWI may suspend, revoke or refuse membership, accreditation or platform participation where EWI considers it appropriate.

33. Permitted use

You must use the Website, Platform and Services lawfully, responsibly and in accordance with these Terms.

You must not:

misuse the Website or Platform;
interfere with security or operation;
introduce viruses, malware, bots, scraping tools or harmful code;
attempt unauthorised access to systems, accounts, data or networks;
submit false, misleading or fraudulent information;
impersonate another person;
harass, threaten, abuse, defame or intimidate EWI, Experts, Clients, staff, contractors or other users;
use the Website or Platform for spam, unsolicited marketing or unlawful purposes;
compromise Expert independence;
seek to improperly influence an Expert's opinion;
misuse confidential, privileged, personal, sensitive or health information; or
do anything that may damage EWI's reputation, systems, operations, legal compliance or platform integrity.

34. Conflicts of interest

EWI and Experts may conduct conflict checks based on information provided by Clients and Experts.

Clients and Experts must promptly notify EWI of any actual, potential or perceived conflict of interest.

EWI may decline, suspend, terminate, restrict or modify any introduction, Matter, platform access, Expert participation or Service if a conflict or potential conflict is identified.

EWI is not responsible for failing to identify a conflict where relevant information was not provided, was incomplete, was inaccurate or was misleading.

Each Expert remains responsible for conducting their own conflict checks and complying with their own professional obligations.

Each Client and its legal advisers remain responsible for identifying and managing Client-side conflicts, privilege issues and professional obligations.

35. Disclaimers

To the maximum extent permitted by law:

the Website, Platform and Services are provided on an “as is” and “as available” basis;
EWI does not warrant that the Website or Platform will be accurate, complete, current, uninterrupted, error-free or free from harmful components;
EWI does not guarantee any legal, medical, forensic, insurance, litigation, settlement, commercial, professional or evidentiary outcome;
EWI does not guarantee the availability, suitability, independence, competence, conduct or performance of any Expert;
EWI does not guarantee that any Expert will be accepted by a court, tribunal, insurer, regulator, lawyer, opposing party or decision-maker;
EWI does not guarantee the acts, omissions, advice, instructions, strategy, conduct or performance of any Client, lawyer, law firm, insurer or third party;
EWI is not responsible for Professional Services provided by Experts;
EWI is not responsible for legal or professional services provided by lawyers, law firms, insurers, Clients or third parties;
EWI is not responsible for any Expert report, opinion, evidence, communication, methodology, reasoning, finding or conclusion; and
EWI is not liable for loss caused by reliance on general Website content.

36. Limitation of liability

To the maximum extent permitted by law, EWI is not liable for any indirect, consequential, special, exemplary or punitive loss, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of data, litigation loss, settlement loss, claim loss, evidentiary loss, business interruption, reputational loss or professional loss arising out of or in connection with the Website, Platform or Services.

To the maximum extent permitted by law, EWI is not liable for any loss, claim, cost, damage, liability or expense arising from or connected with:

any Expert's Professional Services;
any Expert's report, opinion, evidence, communication, methodology, reasoning, finding or conclusion;
any Expert's delay, non-performance, negligence, misconduct or breach of duty;
any Client's instructions, omissions, documents, decisions or conduct;
any lawyer's advice, strategy, conduct, omission or breach of duty;
any law firm's conduct or omission;
any insurer's conduct or omission;
any third-party service provider's conduct, omission, system or failure;
any court, tribunal, regulator or decision-maker's treatment of an Expert report or evidence;
any failure to preserve confidentiality or privilege caused by someone other than EWI;
any use, misuse, filing, service, publication or reliance on an Expert report;
any missed deadline not caused solely by EWI;
any loss arising from information provided by a Client, Expert, lawyer, law firm, insurer or third party; or
any dispute between a Client and an Expert.

To the maximum extent permitted by law, EWI's aggregate liability arising out of or in connection with the Website, Platform or Services is limited to the amount paid by the relevant Client to EWI for EWI's own platform or administrative Services giving rise to the claim.

For clarity, amounts charged or passed through in connection with the provision of services by independent Experts are not fees for EWI's own Professional Services and do not increase EWI's liability cap, except to the extent liability cannot lawfully be excluded or limited.

Nothing in this clause excludes or limits liability that cannot lawfully be excluded or limited.

37. Release

To the maximum extent permitted by law, you release EWI, its officers, employees, contractors, advisers, related bodies corporate and service providers from all claims, liabilities, costs, damages and expenses arising from or connected with:

Professional Services provided by Experts;
acts, omissions, advice, instructions, conduct or decisions of Clients, lawyers, law firms, insurers or third parties;
disputes between Clients and Experts;
disputes between Clients and lawyers or law firms;
disputes between Experts and any third party;
the content, use or admissibility of any Expert report or evidence; and
any outcome in a Matter.

38. Indemnity

You indemnify EWI, its officers, employees, contractors, advisers, related bodies corporate and service providers against all loss, liability, claim, cost, damage or expense arising from or connected with:

your breach of these Terms;
your misuse of the Website, Platform or Services;
information or documents you provide;
your breach of law, court order, professional obligation, privacy obligation, confidentiality obligation, privilege obligation or third-party right;
your instructions to, engagement of or dealings with an Expert;
your Professional Services, if you are an Expert;
your legal or professional services, if you are a lawyer, law firm, insurer, adviser or Client representative;
your use, misuse, filing, service, publication or reliance on any Expert report or evidence;
your negligence, misconduct, error or omission; and
any claim by a third party arising from your conduct.

Your liability under this clause is reduced to the extent the relevant loss is caused by EWI's negligence, breach of contract or unlawful conduct.

39. Suspension and termination

EWI may suspend or terminate your access to the Website, Platform or Services at any time if EWI considers that:

you have breached these Terms;
you have failed to pay fees;
you have provided inaccurate, incomplete or misleading information;
you have misused the Website, Platform or Services;
your conduct may compromise Expert independence;
your conduct may breach law, professional obligations, court rules, tribunal rules, privacy obligations or confidentiality obligations;
you may create legal, ethical, professional, operational, reputational or platform risk;
an Expert is unsuitable, unavailable or conflicted;
a Matter is unsuitable for the Platform; or
suspension or termination is otherwise appropriate.

Termination does not affect accrued rights, payment obligations, confidentiality obligations, intellectual property rights, limitations of liability, indemnities, releases or clauses intended to survive termination.

40. Complaints and disputes

If you have a complaint about the Website, Platform or EWI's Services, please contact EWI using the contact details published on the Website.

The parties must first attempt to resolve any dispute in good faith by written notice and discussion.

If a dispute is not resolved within 20 business days, either party may refer the dispute to mediation in Sydney, New South Wales, unless urgent interlocutory relief is required.

Nothing in this clause prevents either party from seeking urgent injunctive, equitable or protective relief.

This clause does not make EWI responsible for disputes between Clients and Experts, Clients and lawyers, Experts and third parties, or any other third-party dispute.

41. Changes to these Terms

EWI may update these Terms from time to time by publishing the updated version on the Website.

The updated Terms take effect from the date they are published, unless otherwise stated.

Your continued use of the Website, Platform or Services after changes are published constitutes acceptance of the updated Terms.

42. Severability

If any provision of these Terms is invalid, unlawful or unenforceable, that provision is to be read down to the extent necessary to make it valid, lawful and enforceable.

If it cannot be read down, it is severed from these Terms without affecting the validity and enforceability of the remaining provisions.

43. Assignment

You must not assign, transfer or novate your rights or obligations under these Terms without EWI's prior written consent.

EWI may assign, transfer or novate its rights or obligations under these Terms to a related body corporate, successor, purchaser or assignee in connection with a merger, acquisition, restructure, sale or transfer of business.

44. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia.

The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from those courts.

45. Contact

For questions about these Terms, please contact EWI using the contact details published on the Website.

Australian Institute of Expert Witnesses Pty Ltd

Trading as Expert Witness Institute or EWI

Angel Place, Level 17, 123 Pitt Street
Sydney NSW 2000

ABN/ACN: ABN 51 693 330 862

EWI

Expert Witness Institute

Confidential