Uniform Evidence in Australia, 4th edition
A comprehensive commentary and analysis of Australian uniform evidence law
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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. Relevant practice notes, examples and a useful glossary are provided.
The fourth edition has been fully revised and updated, including discussion on:
• Gregg v The Queen (NSWCCA, 2020); Knight v Mayart Pty Ltd (VSCA, 2022): interpretation of s 58 re inferences about a document’s authenticity
• Aziz (a pseudonym) v R (NSWCCA, 2022); AJ v R (NSWCCA, 2022): application of ss 79 and 108C on expert evidence about behaviour of child sexual assault victims
• Nguyen v The Queen (HCA, 2020): mixed statements that are inculpatory and exculpatory in nature under s 81
• Part 3.6 amendments to tests for admissibility of tendency and coincidence evidence (NSW, NT, ACT, Tas) following Royal Commission into Institutional Responses to Child Sexual Abuse recommendations, particularly to ss 94(5), 97A, 98(1A), 101(2)
• Hamilton (a pseudonym) v The Queen (HCA, 2021); TL v The King (HCA, 2022): tendency evidence
• Vagg v R (NSWCCA, 2020), Greenaway v R (NSWCCA, 2021); Su v The Queen (NSWCCA, 2023): correctness standard of appellate review for admissibility under ss 97, 98 and 101
• GR Capital Group Pty Ltd v Xinfeng Australia Int’l Investment Pty Ltd (NSWCA, 2020): implied waiver of client legal privilege under
• Kumova v Davison (FCA, 2021); Roberts-Smith v Fairfax Media Public’s Pty Ltd (No 3) (FCA, 2020) and (No 28) (FCA, 2022): journalist’s privilege under ss 126J and 126K
• DCT v Shi (HCA, 2021): s 128A privilege affidavit and the ‘interests of justice’
• Clancy v Plaintiffs A, B, C & D (NSWCCA, 2022): child sexual assaults damages claims - balance of probabilities standard of proof
• Comparison of Court of Appeal approaches in NSW and Vic as to requirement for House v R error for a Part 3.11 appeal
• 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.
• Bellew et al, Australian Uniform Evidence Law: Principles and Context, 2nd ed, 2022
• Field, LexisNexis Questions and Answers: Uniform Evidence Law, 4th ed, 2023
• Ligertwood & Edmond, Australian Evidence: A Principled Approach to the Common Law and the Uniform Acts, 6th ed, 2017
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