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Vol 22 No 4 April/May 2017

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Whistleblowing: Law and Practice

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Exclusionary Provisions in the Uniform Evidence Law

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ISBN13: 9780455236353
To be Published: July 2015
Publisher: Thomson Reuters Australia
Country of Publication: Australia
Format: Paperback
Price: £78.00

Exclusionary Provisions in the Uniform Evidence Law by Arjun Chhabra is a breakthrough work focusing on a core aspect of the Uniform Evidence Law.

By thoroughly examining the major exclusionary provisions this work is relevant to each evidentiary proceeding in Federal, ACT, NSW, NT, Tasmanian and Victorian courts.

The evidence that is admitted during a proceeding will ultimately determine its outcome. The ability to exclude evidence, and the opposing party’s ability to resist exclusion, is therefore critical.

The provisions considered are:

  • section 84 Exclusion of admissions influenced by violence and certain other conduct;
  • section 85 Criminal proceedings: reliability of admissions by defendants;
  • section 90 Discretion to exclude admissions;
  • section 135 General discretion to exclude evidence;
  • section 136 General discretion to limit use of evidence;
  • section 137 Exclusion of prejudicial evidence in criminal proceedings;
  • section 138 Exclusion of improperly or illegally obtained evidence; and
  • section 139 Cautioning of persons.
Chhabra dedicates a chapter to each exclusionary provision, analysing the language and leading cases in detail. Each chapter concludes with a helpful summary of facts and legal principles from instructive decisions.

These provisions are routinely invoked by lawyers in both civil and criminal matters. When considering an application to exclude evidence under the provisions considered, the courts must make an evaluative judgment – providing fertile ground for legal argument.

Exclusionary Provisions in the Uniform Evidence Law is a clear and engaging text which equips the reader with a proficiency not obtainable from other evidence texts. It is sure to become the authority on this critical element of the Uniform Evidence Law.