Engaging Simon Smith on a Digital Forensic IT Expert Witness Retainer
This engagement reference is published at evestigator.com.au/in/ and runs alongside the primary expert witness practice site at www.expertwitness.com.au and the cybersecurity investigation practice at www.cyberexpert.com.au. The page is maintained as a standing reference for instructing solicitors and barristers preparing a digital forensic IT brief, and is aligned to Simon Smith's continuous Australian practice from 2015 onwards.
An independent Australian digital forensic IT expert witness practice for instructing solicitors and barristers, with a complimentary case review, conflict checks completed before any substantive discussion, and reports prepared under the relevant expert witness code of conduct.
Simon Smith has been retained as an independent digital forensic IT expert witness in Australian criminal and civil proceedings since 2015, drawing on more than 23 years of technical experience in software engineering, information security and the forensic examination of mobile devices, encrypted messaging platforms, telecommunications records, cloud account data and server based systems.
Briefs are accepted from defence counsel, plaintiff and defendant solicitors, single expert appointing parties in family law, insurers, corporate clients and regulators. Reports comply with the rules of the receiving court, including the Federal Court of Australia Expert Evidence Practice Note GPN-EXPT and Annexure A, Schedule 7 of the Uniform Civil Procedure Rules 2005 (NSW), Form 44A of the Supreme Court (General Civil Procedure) Rules 2015 (Vic), Schedule 1C of the Uniform Civil Procedure Rules 1999 (Qld), Part 14 Division 3 of the Uniform Civil Rules 2020 (SA), and Part 7 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
Frequently asked questions for instructing solicitors
Common questions raised at first contact.
How do I brief Simon Smith as an expert witness?
Complete the case review form below or telephone 0410 643 121. A conflict check is performed before any substantive discussion. Once the conflict check is cleared, an initial scoping conference is offered with the instructing solicitor or counsel by telephone or video link. A written quote and engagement letter are then issued before any substantive forensic work commences.
What information should I provide at first contact?
Please provide the matter name and number, the court or tribunal, the names of the parties so a conflict check can be completed, the expert questions on which an opinion is sought, the deadline for the report and any hearing date, the volume and format of the brief material, and confirmation of who is funding the engagement. This is sufficient to issue a fee estimate.
Does Simon Smith act for defence or prosecution?
The practice predominantly accepts instructions from defence counsel and instructing solicitors in indictable and summary criminal matters. Plaintiff and defendant instructions are also accepted in civil and commercial proceedings, single expert appointments in family law, and party instructions in regulatory matters.
What jurisdictions does Simon Smith accept briefs in?
Briefs are accepted in every Australian state, territory and federal jurisdiction, including the Federal Court of Australia, the Federal Circuit and Family Court of Australia, the Supreme Court of Victoria, the Supreme Court of New South Wales, the District Court of New South Wales, the County Court of Victoria, the Supreme Court of South Australia, the Supreme Court of Queensland, the Supreme Court of Western Australia, the Family Court of Western Australia, the Magistrates and Local Courts in each State, and the High Court and District Court of New Zealand.
What expert evidence rules govern the report?
In the Federal Court, the report is prepared under the Expert Evidence Practice Note GPN-EXPT and Annexure A, the Harmonised Expert Witness Code of Conduct (https://www.fedcourt.gov.au/law-and-practice/practice-documents/practice-notes/gpn-expt). In New South Wales the report is prepared under Schedule 7 of the Uniform Civil Procedure Rules 2005. In Victoria the report is prepared under Form 44A of the Supreme Court (General Civil Procedure) Rules 2015. In Queensland the report is prepared under Schedule 1C of the Uniform Civil Procedure Rules 1999. In family law the report is prepared under Part 7 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
How quickly can a brief be turned around?
Standard expert reports are typically delivered within three to four weeks of brief receipt and conflict clearance, depending on the volume of digital evidence and the complexity of the questions. Urgent reports for committal, sentencing or interlocutory hearings are accepted subject to capacity.
What practice areas are covered?
Practice areas include criminal defence digital forensics, all IT, internet or online offences and defences, Cellebrite UFED and Magnet AXIOM extraction review, ANOM platform and Operation Ironside derived material, encrypted messaging and platform attribution across Threema, Session, EncroChat, Signal, Telegram, WhatsApp, Wickr, Kik, SkyECC, Phantom Secure, Cypher, Ghost, Conversations.im (XMPP) and custom OMEMO encrypted XMPP systems, telecommunications and cell site evidence, cybercrime offences under Part 10.7 of the Criminal Code Act 1995 (Cth), carriage service offences under Part 10.6, single expert appointments in family law, software fitness for purpose disputes, data breach assessments, cryptocurrency tracing, business email compromise, intellectual property and confidential information matters, child exploitation offences (CEM/CAM/CSAM), cyberstalking and image based abuse, and AI generated content and deepfake authenticity matters.
Can Simon Smith give evidence by video link?
Yes. Oral evidence is given by video link or in person at trial as the court directs.
Can a brief be accepted on a Legal Aid funded basis?
Yes. Briefs funded through Legal Aid in all states have been accepted.
Brief Simon Smith: case review request
Please outline the matter, the parties for the conflict check, the expert questions, the jurisdiction, any report or hearing deadlines, and the type of assistance sought. For sensitive or time critical matters, telephone 0410 643 121.