Uniform evidence in Australia
By: Richard Weinstein ; John Anderson ; Judith Marychurch ; Julia Roy
Edition: 3rd edition.
Publisher: LexisNexis Butterworths
Published: 2020
Place of publication: Chatswood, NSW
Language: eng
Number of pages: 1276
ISBN-13: 9780409350968
Subjects: Evidence (Law)
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&#x2019; 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.
Notes: Includes bibliographical references and index.
Table of contents: title: ch. 1. Preliminary; title: ch. 2. Adducing evidence; title: ch. 3. Admissibility of evidence; title: ch. 4. Proof; title: ch. 5. Miscellaneous.