Uniform Evidence in Australia, 3rd edition

A comprehensive commentary and analysis of Australian uniform evidence law

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ISBN/ISSN: 9780409350968
Release Date: July 17, 2020
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ISBN/ISSN: 9780409350975
Release Date: July 17, 2020
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Product description

This book contains a comprehensive multi-jurisdictional commentary and annotation to the uniform Evidence Acts, the prime source of evidence law in the Commonwealth, New South Wales, Victoria, Tasmania, the Australian Capital Territory and the Northern Territory. Its user-friendly approach combines commentary on the operation of the uniform Acts in each jurisdiction with a synthesis of the large body of cases, rules and related legislation. Understanding of the Acts’ operation and interpretation is further enhanced by reference to the common law principles that are enshrined in, replaced or supplemented by individual provisions. Commentary is extensively cross-referenced to other related provisions, and relevant practice notes, examples and a useful Glossary are provided.

The third edition has been fully revised and updated. Significant developments include:

  • Application of R v Bauer (A Pseudonym) [2018] HCA 40 and McPhillamy v R [2018] HCA 52 to tendency evidence:
    • Restatement and application of the significant probative value test for single and multiple complainant evidence: clarification of IMM v R and Hughes v R
    • Possibility of contamination, concoction or collusion ordinarily irrelevant to assessing probative value or prejudicial effect: application of IMM v R
    • Prohibition on direction that uncharged acts must be proved beyond reasonable doubt in ordinary cases
  • Addition of journalist privilege provisions for the Northern Territory
  • Weighing factors for excluding improperly/illegally obtained evidence: Kadir v R [2020] HCA 1
  • Clarification of inconsistency test for waiver of client legal privilege: Viterra Malt Pty Ltd v Cargill Australia Ltd [2018] VSCA 118
  • Competence and questioning of child witnesses: A2 v R [2018] NSWCCA 174

Features

  • Commentary follows the legislative structure of the unform Evidence Acts
  • Includes the legislation from all six uniform jurisdictions
  • Clear, concise analysis with plentiful examples provides deep understanding of evidence principles
  • Frequent cross-references to other relevant sections facilitates familiarity with the Evidence Act as a body of law, rather than each section in isolation.

Related Titles

  • Field, LexisNexis Questions and Answers: Uniform Evidence Law, 3rd ed, 2019
  • Heydon, Cross on Evidence, 12th ed, 2020
  • Ligertwood & Edmond, Australian Evidence: A Principled Approach to the Common Law and the Uniform Acts, 6th ed, 2017

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Table of contents


  • Introduction

  • Introduction to the Evidence Act 2001 (Tas)

  • Uniform Evidence Acts and commentary

  • Glossary

  • Appendix A: Table — ALRC Reports: Commentaries and draft Bills

  • Appendices B-G: Evidence Regulations