This is a prescribed text for:
Institution: Australian Catholic University - Mackillop (North Sydney) - First Semester 2018
Course Code: LAWS304
Subject: Evidence Law
Update: the 12th Edition will include the High Court's April 2016 decision in IMM v The Queen (2016) regarding the probative value of complaint evidence and tendency evidence.
Uniform Evidence Law 12th Edition provides Australia's leading guidance on the uniform evidence law for barristers, courts, litigators and students alike.
Up to a quarter of the legislative provisions are reviewed in the courts annually, which make it essential to have a current copy at hand.
Case law and legislative developments are thoroughly considered. High Court judgments referred to include:
- IMM v The Queen (2016) regarding the probative value of complaint evidence and tendency evidence;
- R v GW (2016) regarding 'unsworn evidence'.
- Police v Dunstall (2015)
regarding 'unfairness discretion';
- Honeysett v The Queen (2014) regarding 'opinion evidence';
Important statutory amendments, requiring extensive re-writing of many sections, include the Jury Directions Act 2015 (Vic) dealing with jury warnings in criminal proceedings.
New features in the commentary include:
- detailed consideration of the question whether affidavit evidence (or other written statement) is subject to the provisions in Part 2.1;
- the Introduction includes new sections on the application of the uniform evidence law in joint trials and in circumstances where no objection is taken by a party;
- detailed discussion of new developments in the area of tendency and coincidence evidence; and
- the inclusion
of useful flow charts prepared by the Judicial College of Victoria, which simplify essential concepts including hearsay, opinion evidence, tendency evidence, coincidence evidence, credibility evidence, identification evidence and privilege.
The 12th edition provides more accessible content, to a wider range of practitioners.
The legislative provisions of N.S.W., the Commonwealth, Victoria, Tasmania, the A.C.T. and Northern Territory are reproduced in full and coverage is expanded to include both the A.C.T. and the Northern Territory.
With its popular and highly accessible annotated legislation format, and comprehensive commentary on the ALRC foundations of the law, Uniform Evidence Law 12th Edition is the authoritative resource on the evidence regimes in N.S.W., the Commonwealth, Victoria, Tasmania, the A.C.T. and Northern Territory.
Table of Contents
Table of Cases
Table of Statutes
Format of the Commentary
- Table of Provisions
- Chapter 1 - Preliminary
- Chapter 2 - Adducing the Evidence
- Chapter 3 - Admissibility of Evidence
- Chapter 4 - Proof
- Chapter 5 - Miscellaneous
- Appendix A - Evidence Regulations 1995 (Cth)
- Appendix B - Evidence Regulation 2010 (NSW)
- Appendix C - Evidence Regulations 2009 (Vic)
- Appendix D - Evidence (Miscellaneous Provisions) Act 1958 (Vic)
- Appendix E - Rights of a Person Recognised by the International Covenant on Civil Political Rights
- Appendix F - Criminal Procedure Act 1986 (NSW) [Extracts]
- Appendix G - Criminal Procedure Act 2009 (Vic) [Extracts]
- Appendix H - Jury Directions Act 2013 (Vic) [Extracts]
- Appendix I - Table of Notices (Commonwealth)
- Appendix J - Table of Notices (NSW)
- Appendix K - Table of Notices (Victoria)
- Appendix L - Evidence Act (Tas) - Related Information