This comprehensive new book provides an accessible, well structured, compact yet detailed presentation and critical analysis of the law of evidence applicable in the Australian uniform evidence jurisdictions. Written by practitioners and academics with extensive experience in the practice, research and teaching of evidence law both in Australia and internationally, the commentary takes readers beyond legal principles and case law to deliver a working understanding of the current operation of the law.
Designed to provide easily navigable coverage of each of the key areas of evidence law, each chapter is set out in a logical and accessible manner. The book provides relevant discussion on the practical operation of the legislative regime, positioning the rules of evidence in the wider legal context, particularly within the trial structure. It also includes succinct explanations of the underlying principles, an assessment of their success as enacted and, where relevant, explores the future direction in which they may be developed. The authors explain the complexities within each aspect of the law, as well as conflicting decisions and approaches – between different jurisdictions or even within the same jurisdiction.
The dynamic nature of evidence law is highlighted through an examination of how the law has developed and continues to evolve, at times quickly, and becomes moulded through the process of harmonisation.
The authoritative yet approachable commentary makes this book essential reading for anyone wishing to understand Australia’s uniform evidence regime.
Table of contents
- The Trial
- Exclusions and Warnings
- Testamentary Evidence
- Documentary and Other Evidence
- Opinion Evidence
- Tendency and Coincidence Evidence
- Credibility Evidence
- Character Evidence
- Identification Evidence