Documentary Evidence: The Laws of Australia

Documentary Evidence: The Laws of Australia is the only current text that focuses exclusively on the important topic of documentary evidence in Australia. This unique work provides comprehensive coverage and analysis of the common law and statutory regimes governing the admissibility of documentary evidence for all Australian jurisdictions, grouped into the following topics:-

• Varieties of documents
• Common law principles of admissibility, including the hearsay rule, the best evidence rule and the requirement of authentication
• Admissibility under Australian legislation based on the Evidence Act 1938 (UK)
• Admissibility under the Uniform Evidence Acts
• Business records legislation
• Admissibility of bankers’ books and books of account
• Powers to order the production of documents
• The impact of legislative reforms such as the adoption of the Uniform Evidence Acts in Tasmania and Victoria and the progression of evidentiary principles in cases including Ceedive Pty Ltd v May [2004] NSWSC 33 and Nolan v Nolan (2003) 10 VR 626 are explored with concise and insightful commentary.

This text also provides a thorough examination of the admissibility of computer produced evidence at common law and under various Australian legislative approaches including the Uniform Evidence Acts, the “computer specific” approaches of Queensland and Victoria, as well as the South Australian provisions governing the admission of computer produced evidence and the “business record” approaches of Western Australia and the Northern Territory.