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| Author | : Miiko Kumar |
| Publisher | : |
| Total Pages | : 1026 |
| Release | : 2015 |
| Genre | : Evidence (Law) |
| ISBN | : 9780455235837 |
Uniform Evidence Law: Commentary and Materials, 5th editionhas been updated throughout to provide essential case and legislative extracts and thoughtful, concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania.
| Author | : Fiona Hum |
| Publisher | : Cambridge University Press |
| Total Pages | : 667 |
| Release | : 2022-01-11 |
| Genre | : Law |
| ISBN | : 1009010727 |
Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence.
| Author | : Andrew L. C. Ligertwood |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2017 |
| Genre | : Evidence (Law) |
| ISBN | : 9780409333664 |
This comprehensive book provides a clear explanation of the operative rules of evidence in all Australian jurisdictions by reference to their underlying and unifying evidential principles, providing the necessary framework to understand and address evidential issues. The common law evolved an adversarial process with the aim of rational and accurate proof of facts, reflecting a liberal notion of justice whereby parties initiate and pursue proceedings before independent judges and jurors. In criminal trials this process demands that the state establish its accusations beyond reasonable doubt without assistance from the accused. The authors explain how this process provides the fundamental rationale for evidential rules both at common law and under the uniform evidence legislation (UEL), and identify where evidential rules protect values extraneous to this process. Significant developments covered in the sixth edition include: Consideration by the HCA of common law doctrine: residual 'fairness' discretion questioned (Dupas v R (2013)); privilege against incrimination of spouses rejected (ACC v Stoddart (2011)); use of evidence obtained in compulsory examination of the accused rejected (X7 v ACC (2013); Lee v R (2014)); expression of statistical evidence not restricted (Aytugrul v R (2012)) Adoption of the UEL in the ACT and the NT UEL and WA amendments privileging confidential professional communications and disclosure of journalists' sources HCA decisions on the interpretation of the UEL: 'probative value' does not concern credibility and reliability (IMM v R (2016)); no distinction between reliability of sworn and unsworn testimony (R v GW (2016)); no reliability standard for admission of 'specialised knowledge' opinions (Honeysett v R (2014); Dasreef v R (2013)) State legislation including the Jury Directions Act 2015 (Vic), and amendments to the Evidence Act 1929 (SA) The new edition is an authoritative and principled source for those practising or studying Australian evidence law. Features Explains evidence rules in the context of the adversarial process Includes comparative position under Evidence Act 1995 (Cth) and common law evidence rules Identifies underlying principles of evidence to enable navigation of complex rules Related Titles Field, Queensland Evidence Law, 4th edition, 2017Field & Offer, Western Australian Evidence Law, 2015Heydon, Cross on Evidence, 10th edition, 2015Williams, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 2015
| Author | : Jeremy Gans |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 544 |
| Release | : 2019-01-23 |
| Genre | : Admissible evidence |
| ISBN | : 9780190313722 |
Uniform Evidence introduces the uniform evidence legislation as implemented by the Commonwealth, New South Wales, Victoria, the Australian Capital Territory, Tasmania, the Northern Territory and Norfolk Island.It illustrates the practical applications of evidence law with case examples, summarises complex legal rules with flowcharts, and provides in-depth case analysis to help students explore and understand the underlying principles of evidence law.Now in its third edition, this book explains, analyses and critiques uniform evidence law in a manner that can be readily and easily understood by all those interested in the law of evidence.New to this EditionUpdated to reflect all amendments to the uniform evidence legislationIncorporates significant new cases on documents, credibility evidence, and privilegeIncludes analysis of recent developments on the issue of probative valueAddresses the latest High Court judgment on tendency evidence in sexual casesChapters updated and restructured in response to the latest developments, including: means of evidence with a focus on witnesses, documents and real evidenceopinion evidence including extended analysis of the law concerning expert evidencethe hearsay rule and its exceptions
| Author | : Stephen Odgers |
| Publisher | : Lawbook Company |
| Total Pages | : 1336 |
| Release | : 2012-01-01 |
| Genre | : Evidence (Law) |
| ISBN | : 9780455230634 |
UNIFORM EVIDENCE LAW 10th Edition is the leading Australian guide to uniform evidence legislation, widely used by practitioners and students alike.This highly anticipated new edition incorporates a wide range of new developments over the past two years, including: The extension of uniform evidence laws to the A.C.T. and the Northern Territory; Key High Court judgments, including those relating to opinion and expert evidence, such as Dasreef Pty Ltd v Hawchar and Lithgow City Council v Jackson; Judicial analysis and application of major changes to the UEL following ALRC Report 102, such as to the "fresh in the memory" test and limitations on the "Longman warning"; Detailed consideration of the ongoing question of when a witness may be said to "object" to giving evidence on the basis of potential self-incrimination; Decisions concerning the circumstances in which privilege may be lost; Discussion of numerous appellate judgements in NSW and Victoria regarding tendency evidence and coincidence evidence; and Reference to the recent judgments of the Victorian Court of Appeal regarding the rule in Browne v Dunn, particularly in criminal proceedings. Stephen Odgers SC continues to provide his incisive analysis and insights into the latest developments, using his extensive Bar experience and his background in both law reform and academia to ensure this landmark title remains current and comprehensive. In particular, he he seamlessly incorporates the ACT and Northern Territory into the commentary and analysis, supported by fresh comparative tables for each which will enable the reader to readily navigate the law in these new jurisdictions. In this edition, UNIFORM EVIDENCE LAW again makes extensive reference to NSW and Victorian Bench books for guidance on judicial directions to juries and includes relevant extracts from criminal procedure legislation from NSW and Victoria. Over a quarter of the evidence legislation's provisions are subjected to significant judicial interpretation each year, making it essential to have a current copy of the annotated Act at hand, to stay abreast of developments. With its popular and highly accessible annotated legislation format and comprehensive commentary on the ALRC foundations of the law, UNIFORM EVIDENCE LAW 10th Edition is the authoritative resource on the evidence regimes in NSW, the Commonwealth, Victoria, the ACT and the NT.
| Author | : Francine Feld |
| Publisher | : |
| Total Pages | : |
| Release | : 2015-01-15 |
| Genre | : Evidence (Law) |
| ISBN | : 9781925215915 |
Uniform Evidence Law: Principles and Practice was previously published by CCH Australia.This second edition of Uniform Evidence Law: Principles and Practice is an invaluable reference for students of evidence law and litigation practitioners. It provides a succinct, clear and comprehensive statement and analysis of the Uniform Evidence Law as at November 2014.The book provides an overarching and detailed analysis of the law of evidence applicable in those jurisdictions that have adopted the model Uniform Evidence Law: the Commonwealth, New South Wales, Tasmania, Victoria, Australian Capital Territory and now, since 2012, the Northern Territory.Students will gain invaluable insight from the authors who analyse the Uniform Evidence Law by reference to its history, its underlying policy and its operation in practice. Explanations and evaluations of the principles on which the law is based, identification of its often-conflicting rationales, and suggestions for how it might be made more principled and coherent will prove extremely helpful for students.New to this editionThis second edition reflects significant updates, given the continued evolution of the Uniform Evidence Act. Changes to the Act reflected in this edition include:its introduction in the Northern Territorythe modification of the right to silence in the New South Wales Actthe addition of a journalists' privilege in New South Wales and Victoria, andthe emergence of some further differences in the interpretation and application of tendency and coincidence evidence between the states.
| Author | : Andrew Roberts |
| Publisher | : |
| Total Pages | : 263 |
| Release | : 2017-05-29 |
| Genre | : Evidence (Law) |
| ISBN | : 9781760021368 |
Critical Perspectives on the Uniform Evidence Law comprises a collection of writing by the leading academics and practitioners in the field. It provides sustained critical analysis of a range of issues, including the implications of adoption of the legislation in overseas jurisdictions and the obstacles to enactment in the 'hold-out' States of South Australia, Queensland and Western Australia. The contributions explore the UEL's relationship with the common law and provide critical analysis of the operation of the law in relation to: assessment of probative value; tendency and coincidence reasoning; the admissibility of complaint evidence in sexual offence trials; judicial warnings in respect of unreliable evidence; establishing the expertise of those providing expert opinion evidence; admissions and confessions; and identification evidence. The book also provides comparative analysis of the UEL's credibility provisions and its approach to the admissibility of improperly obtained evidence.
| Author | : John Anderson |
| Publisher | : |
| Total Pages | : |
| Release | : 2021-01-25 |
| Genre | : |
| ISBN | : 9781760022570 |
| Author | : Miiko Kumar |
| Publisher | : Thomson Reuters (Professional) Australia |
| Total Pages | : 956 |
| Release | : 2012 |
| Genre | : Evidence (Law) |
| ISBN | : 9780455230603 |
Uniform Evidence Law - Commentary and Materials, 4E has been updated throughout to provide essential case and legislative extracts and thoughtful, concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania. This latest edition includes discussion of the following significant developments: Interpretations of discretionary exclusion (La Trobe Capital & Mortgage Corporation Ltd v Hay Property Consultants Pty Ltd [2011] FCAFC 4 and Director of Public Prosecutions v Marijancevic [2011] VSCA 355); Hearsay exceptions: interpretation of the freshness exception (R v XY [2010] NSWCCA 181); Important High Court decisions on opinion evidence (Lithgow City Council v Jackson (2011) 281 ALR 223 and Dasreef Pty Ltd v Hawchar [2011] HCA 21) and NSW developments that will provide interest in teaching (Wood v R [2012] NSWCCA 21); Significant decisions on tendency and coincidence (SJ v R; NS v R [2012] NSWCCA 9); Privilege (journalist privilege, self-incrimination and public interest immunity); and recent statements by the High Court on burden and standard of proof (Strong v Woolworths Ltd [2012] HCA 5).
| Author | : National Conference of Commissioners on Uniform State Laws |
| Publisher | : |
| Total Pages | : 64 |
| Release | : 1953 |
| Genre | : Court rules |
| ISBN | : |
