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This book brings together, in an accessible form, the large body of law that constitutes 'the new evidence law', that is, the law arising from the enactment of the Evidence Act 1995 (Cth and NSW). The format gives the reader comprehensive paragraph-length guides that encapsulate the nub of each provision. Cross-referencing to relevant provisions, often widely dispersed throughout the Acts, helps the reader navigate around the Act. In addition, readers can draw on numerous case summaries and also an A-Z guide to the effect of the Acts on key concepts in evidentiary and procedural law.
The text relates the cases that interpret the Acts to its common law background, while also analysing the provisions as part of a legislative regime that was designed to supplant rather than modify the common law in many areas. Difficult evidentiary issues receive comprehensive and detailed treatment, with linkages drawn to evidentiary principles across many aspects of the Acts, the common law and associated legislation.
The book contains a comprehensive synthesis of the case law that the Acts have generated, and collects and annotates related legislation, including reference to relevant court rules.