This book contains a comprehensive multi-jurisdictional commentary and annotation to the uniform Evidence Acts, the prime source of evidence law in the Commonwealth, New South Wales, Victoria, Tasmania, the Australian Capital Territory and the Northern Territory. Its user-friendly approach combines commentary on the operation of the uniform Acts in each jurisdiction with a synthesis of the large body of cases, rules and related legislation. Understanding of the Acts’ operation and interpretation is further enhanced by reference to the common law principles that are enshrined in, replaced or supplemented by individual provisions. Commentary is extensively cross-referenced to other related provisions, and relevant practice notes, examples and a useful Glossary are provided.
The third edition has been fully revised and updated. Significant developments include:
Application of R v Bauer (A Pseudonym) [2018] HCA 40 and McPhillamy v R [2018] HCA 52 to tendency evidence:
Restatement and application of the significant probative value test for single and multiple complainant evidence: clarification of IMM v R and Hughes v R
Possibility of contamination, concoction or collusion ordinarily irrelevant to assessing probative value or prejudicial effect: application of IMM v R
Prohibition on direction that uncharged acts must be proved beyond reasonable doubt in ordinary cases
Addition of journalist privilege provisions for the Northern Territory
Weighing factors for excluding improperly/illegally obtained evidence: Kadir v R [2020] HCA 1 Clarification of inconsistency test for waiver of client legal privilege: Viterra Malt Pty Ltd v Cargill Australia Ltd [2018] VSCA 118
Competence and questioning of child witnesses: A2 v R [2018] NSWCCA 174
Features
Commentary follows the legislative structure of the unform Evidence Acts
Includes the legislation from all six uniform jurisdictions
Clear, concise analysis with plentiful examples provides deep understanding of evidence principles
Frequent cross-references to other relevant sections
facilitates familiarity with the Evidence Act as a body of law, rather than each section in isolation.
Ligertwood & Edmond, Australian Evidence: A Principled Approach to the Common Law and the Uniform Acts, 6th ed, 2017
By:
Anderson Marychurch Roy Weinstein Imprint: Lexis Nexis Country of Publication: Australia Edition: 3rd edition ISBN:9780409350968 ISBN 10: 0409350966 Publication Date:17 July 2020 Audience:
Professional and scholarly
,
Undergraduate
Format:Paperback Publisher's Status: Active
