Uniform Evidence Law 11th ed
Published: June 2014
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Price: Out of print
Uniform Evidence Law 11th Edition provides Australia’s leading guidance on the uniform evidence legislation for barristers, courts, litigators and students alike.
Up to a quarter of the legislative provisions are reviewed in the courts annually, and there have been important new legislative developments as well. Since the last edition published in June 2012, there have been critical developments which make it essential to have a current copy at hand, to stay abreast of developments.
In regard to case law, important appellate judgments on a range of matters are considered, including:
- competence to give evidence (R v Muller )
- expert evidence (Kyluk Pty Ltd v Chief Executive, Office of Environment and Heritage )
- evidence of a defendant’s bad character to rebut claims of good character (Bishop v The Queen ; Saw Wah v The Queen )
- “tendency evidence” (Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd)
- “coincidence evidence” (R v Gale; R v Duckworth )
- identification evidence (Walford v Director of Public Prosecutions (NSW))
- credibility evidence relating to child sexual abuse (M A v The Queen )
- waiver of client legal privilege (Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited )
- over-riding the privilege against self-incrimination in “the interests of justice” (Gedeon v R )
- the exclusion of evidence where “probative value” is outweighed by a risk of “unfair prejudice” (Dupas v The Queen ; Smart v Tasmania , R v XY , R v Burton )
- evidence in joint trials (Eire Contractors Pty Ltd v O'Brien )
- standard of proof in civil proceedings (N O M v DPP ; Brown v New South Wales Trustee and Guardian ).
Single judge decisions affecting a range of key matters include:
- authentication of documents (Australian Competition and Consumer Commission v Air New Zealand Limited (No 1) )
- client legal privilege (Zabcorp Holdings Ltd v State of Victoria )
- advance rulings on evidence (Chaina v Presbyterian Church (NSW) Property Trust (No. 1) )
In terms of legislation, the Victorian law on judicial warnings to juries has been significantly modified by the Jury Directions Act 2013 and a new appendix excerpting the most pertinent sections of the Act is included. Also, in NSW, a new section has been inserted into the Act – Section 89A Evidence of Silence in Criminal Proceedings for Serious Indictable Offences.
Uniform Evidence Law 11th edition again makes extensive reference to NSW and Victorian Bench books for guidance on judicial directions and includes relevant extracts from criminal procedure legislation from NSW and Victoria.
With its popular and highly accessible annotated legislation format and comprehensive commentary on the ALRC foundations of the law, Uniform Evidence Law 11th Edition is the authoritative resource on the evidence regimes in NSW, the Commonwealth, Victoria, Tasmania, the ACT and NT.