Books on evidence in Australia are generally located at KN 390 K1.
Cross on evidence by
The fourteenth edition of Cross on Evidence is written by the Honourable J D Heydon KC. This edition provides a detailed and authoritative analysis of the rules of the law of evidence in Australia. It contains explicit statements of doctrine together with an exposition of the principles underlying the various rules. It is the only significant Australian text which covers the entirety of the law of evidence in Australia, both in the uniform jurisdictions and the states which have separate regimes.
Expert evidence : law, practice, procedure and advocacy by
The Seventh Edition of Expert Evidence is the acclaimed work of first resort for analysing the complex law and practice surrounding expert witnesses and expert evidence in personal injury, commercial, criminal and family law litigation. It has been cited for over two decades by superior courts in Australia, New Zealand and other countries and is the leading international work on its subject. Expert Evidence analyses the common law and statutory criteria for expert evidence admissibility, providing advocacy guidance on how best to assist expert witnesses in courts and to hold them accountable in cross-examination. It discusses the optimal ways for managing concurrent evidence and expert conclaves prior to court hearings. It reviews decisions in relation to the disciplinary and civil liability of expert witnesses, and the potential for wasted costs orders to be made against experts, as well as the lawyers who commission them. It analyses the role of assessors, referees and court-appointed experts, as well as the forensic consequences of courts' codes of conduct for experts, including when breaches of such codes may have adverse consequences. It also reviews trends in appellate case law in relation to trial judges' decisions to admit and decline to admit expert opinions. Expert Evidence also deals with specialist knowledge where admissibility and reliability issues have been encountered, including in relation to novel medical and scientific evidence, and counter-intuitive opinions from mental health professionals. It examines expert evidence on accounting, engineering, statistical, anthropological, survey, and planning evidence, and foreign law matters. The Seventh Edition has been further refined to increase accessibility to legal practitioners and experts from a range of disciplines, and to widen its scope. Its international focus is significantly enhanced with legal authorities from across the common law world being referred to and critiqued, reflecting increasing signs of the adoption of internationally consistent approaches to expert evidence.
Uniform evidence law by
Uniform Evidence Law 19th Edition provides Australia's leading guidance on the uniform evidence law for barristers, courts, litigators and students alike. With up to a quarter of the legislative provisions reviewed in the courts annually, it is essential to have a current copy at hand. NEW TO THE 19th EDITION Legal developments are thoroughly considered. Matters considered in High Court judgments include: the continuing application of evidence principles of common law and equity pursuant to s 9: McNamara v The King [2023]; disclosure of reasoning so as to demonstrate that an opinion is based on expertise. (s 79(2) of the Act): Lang v The Queen [2023]; discretionary exclusion of evidence adduced by a criminal defendant because of prejudice to a co-defendant (s 135 of the Act): McNamara v The King [2023]; and assessing the probative value of expert evidence when considering discretionary exclusion (s 135, s 137): Lang v The Queen [2023] HCA 29. Appellate and lower court judgments have been distilled and incorporated into the work. Key matters addressed include: the practice that evidence of conversations should, if possible, be given by a witness in direct speech has been called into question (s 26 of the Act): Kane's Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023]; Gan v Xie [2023]; a question of a witness containing an assertion as to a prior representation in a document does not mean that the representation is "read into evidence" (s 43 of the Act): Moore v Goldhagen [2024]; a reference by a prosecutor to an absence of evidence from the defendant would usually be regarded as a comment prohibited by s 20(2) of the Act: Day v Rex (No 2) [2023]; a message posted on a website (which occurs when words are typed on a computer and then transmitted to the website via the Internet) is a document (s 48 of the Act): DPP v Hicks (a pseudonym) (No 4) [2024]; provisional relevance where there is an alleged common purpose (whether to effect an unlawful conspiracy or otherwise), under s 57(2) of the Act: Macdonald, Ian v R; Edward Obeid v R; Moses Obeid v R [2023]; the hearsay exception for statements made "shortly after the asserted fact occurred and in circumstances that make it unlikely that the representation is a fabrication" (s 65(2)(c) of the Act): Huici v The King [2023], Moore (a pseudonym) v The King [2023], Gesler v State of Tasmania [2023]; admissibility in a civil proceeding of evidence that a party has been convicted of an offence (s 92 of the Act): Osbourne v Butler (a Pseudonym) [2024]; the importance of not eliding coincidence reasoning and tendency reasoning (s 97, s 98 of the Act): Rhodes (a pseudonym) v The King [2024]; when it is not "reasonable" to hold an identification parade (s 114(2) of the Act): Harika & Anor v The King [2023]; whether a person was "intentionally influenced to identify the defendant" (s 114(2) of the Act): Fowkes v The King [2023]; and must a "charged act" relied upon for tendency reasoning have to be proved beyond reasonable doubt (s 141): DPP v Roder (a pseudonym) [2023] VSCA 262; Restricted Judgment [2023] NSWCCA 119. With its popular and highly accessible annotated legislation format, and comprehensive commentary, Uniform Evidence Law 19th Edition is the authoritative voice on evidence law in NSW, the Commonwealth, Victoria, Tasmania, the ACT and Northern Territory
Uniform evidence in Australia by
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. Relevant practice notes, examples and a useful glossary are provided.
Australian uniform evidence law by
Now in its second edition, Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence. Following the structure of the Evidence Act 1995 (Cth), the text introduces students to basic principles, then covers more complex elements of evidence law. Cases and excerpts from legislation have been selected to guide students through the application of the Act. This edition has been updated to include significant recent case examples and decisions. Each chapter includes a summary of key points, definitions and practice questions to encourage students to apply their knowledge to realistic scenarios. The final chapter comprises longer-form, complex problems designed to test students' understanding of the concepts and rules covered in the Act as a whole. Guided solutions to each question are provided so students can check their understanding. Providing clear explanations and examples, Australian Uniform Evidence Law is an essential resource for all students of evidence law.
Australian uniform evidence law by
Now in its second edition, Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence. Following the structure of the Evidence Act 1995 (Cth), the text introduces students to basic principles, then covers more complex elements of evidence law. Cases and excerpts from legislation have been selected to guide students through the application of the Act. This edition has been updated to include significant recent case examples and decisions. Each chapter includes a summary of key points, definitions and practice questions to encourage students to apply their knowledge to realistic scenarios. The final chapter comprises longer-form, complex problems designed to test students' understanding of the concepts and rules covered in the Act as a whole. Guided solutions to each question are provided so students can check their understanding. Providing clear explanations and examples, Australian Uniform Evidence Law is an essential resource for all students of evidence law.
The trial : principles, process and evidence by
Criminal jury trials occur in an increasingly complex justice environment. The Trial distils and explains the criminal trial's complexities in terms of the daily pre-trial and trial challenges facing courts and practitioners. It draws links to the potential impact of lawyers' advocacy on courts' decision-making and the important context of juries, and explicitly recognises that courts' processes and decisions require not only an appreciation of the uniform Evidence Acts, but also an understanding of human emotion and psychology.Written by leading evidence law scholars and a criminal law practitioner, this second edition of The Trial:* contextualises evidence law within pre-trial processes such as police questioning, pleadings and disclosure;* connects law reform, fair trial norms and lawyers' ethical obligations to promote justice;* considers frailties in Australia's justice system through its pressure points. These include unchecked cross-examination, disclosure, reliance on forensic science, identification evidence and evidence of defendants' criminal history; and* has been thoroughly updated and remains an essential tool for students, scholars and practitioners alike.
The trial : principles, process and evidence by
Criminal jury trials occur in an increasingly complex justice environment. The Trial distils and explains the criminal trial’s complexities in terms of the daily pre-trial and trial challenges facing courts and practitioners. It draws links to the potential impact of lawyers’ advocacy on courts’ decision-making and the important context of juries, and explicitly recognises that courts’ processes and decisions require not only an appreciation of the uniform Evidence Acts, but also an understanding of human emotion and psychology.
Proof : how to analyse evidence in preparation for trial by
In the preparation of any matter for trial there are two questions which must always be answered: "What must I prove in order to succeed?" and "How am I going to prove that?" Now in its second edition, Proof provides clear, simple and easy-to-follow methods for organising and analysing evidence in order to construct the strongest possible case for presentation at trial. Built on solid theoretical foundations, but with a very practical orientation, Proof guides your approach to the evidence from the moment you become involved in a matter to the delivery of the closing address. Part A deals with some preliminary methods of organisation and analysis, including a number of methods for marshalling evidence in order to facilitate further investigation and evidence gathering, and to facilitate the development of a theory of the case. Part B covers the selection of a theory of the case and methods for proving it. Between them the chapters cover a variety of techniques and methods, ranging from the preparation of a "case map", to the development of detailed arguments about evidence, including arguments about the credibility of sources, the drawing of inferences, and the standard of proof. The overall focus, however, is on identifying the arguments to be used in the closing address, and the evidence which will need to be adduced if those arguments are to be made. Part C deals with the final preparations for trial. The first chapter sets out an approach to questions of admissibility which is fundamentally different from the approach taken in most evidence texts. The final chapter pulls together all the threads of the analysis into a form which can be used to run the trial. Proof is essential reading for anyone involved in litigation. For students and scholars in the fields of evidence and advocacy, Proof fills the gap between evidence texts focusing on the law of evidence and on the rules of admissibility, and advocacy texts focusing on techniques of trial presentation.
Proof : how to analyse evidence in preparation for trial by
In the preparation of any matter for trial there are two questions which must always be answered: "What must I prove in order to succeed?" and "How am I going to prove that?" Now in its second edition, Proof provides clear, simple and easy-to-follow methods for organising and analysing evidence in order to construct the strongest possible case for presentation at trial. Built on solid theoretical foundations, but with a very practical orientation, Proof guides your approach to the evidence from the moment you become involved in a matter to the delivery of the closing address. Part A deals with some preliminary methods of organisation and analysis, including a number of methods for marshalling evidence in order to facilitate further investigation and evidence gathering, and to facilitate the development of a theory of the case. Part B covers the selection of a theory of the case and methods for proving it. Between them the chapters cover a variety of techniques and methods, ranging from the preparation of a "case map", to the development of detailed arguments about evidence, including arguments about the credibility of sources, the drawing of inferences, and the standard of proof. The overall focus, however, is on identifying the arguments to be used in the closing address, and the evidence which will need to be adduced if those arguments are to be made. Part C deals with the final preparations for trial. The first chapter sets out an approach to questions of admissibility which is fundamentally different from the approach taken in most evidence texts. The final chapter pulls together all the threads of the analysis into a form which can be used to run the trial. Proof is essential reading for anyone involved in litigation. For students and scholars in the fields of evidence and advocacy, Proof fills the gap between evidence texts focusing on the law of evidence and on the rules of admissibility, and advocacy texts focusing on techniques of trial presentation.
Uniform evidence law : text and essential cases by
The fourth edition of Uniform Evidence Law: Text and Essential Cases continues the traditions of earlier edition with a detailed, comprehensive and integrated discussion of all concepts and rules of evidence law. The latest judicial decisions and legislative amendments have been included, accompanied by insightful commentary and analysis to explain and evaluate these developments in the law. This includes the evolution in the judicial interpretation of the meaning of 'significant probative value' in cases involving tendency evidence, such as the High Court decisions in Hughes v R, Bauer v R, and McPhillamy v R. The most recent legislative changes to the admissibility thresholds for tendency and coincidence evidence have been incorporated with reflective commentary on the parliamentary intent and recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. Important developments in weighing factors under s 138 (Kadir v R; Grech v R) and determining the competence and proper questioning of child witnesses (A2 v R) have been thoughtfully examined.The case extracts throughout this edition have been selected to provide a useful mix of seminal and enduring statements of evidentiary principles, together with more recent decisions highlighting current judicial interpretations of the most frequently considered provisions of the uniform Evidence Acts. The chapter order closely reflects the structure of the uniform Evidence Acts in all jurisdictions and the incremental topic sequencing of most university courses in evidence law.Uniform Evidence Law provides an essential toolkit for both the student and practitioner of evidence law. It has been carefully designed to enhance understanding of the practical operation of evidence law in the various federal and state litigation contexts in which it arises.
Uniform evidence law : text and essential cases by
This book is now available for purchase from VitalSource as an ebook. See https://www.vitalsource.com/en-au/products/uniform-evidence-law-john-anderson-v9781760022839.The fourth edition of Uniform Evidence Law: Text and Essential Cases continues the traditions of earlier edition with a detailed, comprehensive and integrated discussion of all concepts and rules of evidence law. The latest judicial decisions and legislative amendments have been included, accompanied by insightful commentary and analysis to explain and evaluate these developments in the law. This includes the evolution in the judicial interpretation of the meaning of 'significant probative value' in cases involving tendency evidence, such as the High Court decisions in Hughes v R, Bauer v R, and McPhillamy v R. The most recent legislative changes to the admissibility thresholds for tendency and coincidence evidence have been incorporated with reflective commentary on the parliamentary intent and recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse. Important developments in weighing factors under s 138 (Kadir v R; Grech v R) and determining the competence and proper questioning of child witnesses (A2 v R) have been thoughtfully examined.The case extracts throughout this edition have been selected to provide a useful mix of seminal and enduring statements of evidentiary principles, together with more recent decisions highlighting current judicial interpretations of the most frequently considered provisions of the uniform Evidence Acts. The chapter order closely reflects the structure of the uniform Evidence Acts in all jurisdictions and the incremental topic sequencing of most university courses in evidence law.Uniform Evidence Law provides an essential toolkit for both the student and practitioner of evidence law. It has been carefully designed to enhance understanding of the practical operation of evidence law in the various federal and state litigation contexts in which it arises
Uniform Evidence by
Uniform Evidence introduces the uniform evidence legislation as implemented by the Commonwealth, New South Wales, Victoria, the Australian Capital Territory, Tasmania, the Northern Territory and Norfolk Island.It illustrates the practical applications of evidence law with case examples, summarises complex legal rules with flowcharts, and provides in-depth case analysis to help students explore and understand the underlying principles of evidence law.Now in its third edition, this book explains, analyses and critiques uniform evidence law in a manner that can be readily and easily understood by all those interested in the law of evidence.New to this EditionUpdated to reflect all amendments to the uniform evidence legislationIncorporates significant new cases on documents, credibility evidence, and privilegeIncludes analysis of recent developments on the issue of probative valueAddresses the latest High Court judgment on tendency evidence in sexual casesChapters updated and restructured in response to the latest developments, including: means of evidence with a focus on witnesses, documents and real evidenceopinion evidence including extended analysis of the law concerning expert evidencethe hearsay rule and its exceptions
Uniform Evidence by
Uniform Evidence introduces the uniform evidence legislation as implemented by the Commonwealth, New South Wales, Victoria, the Australian Capital Territory, Tasmania, the Northern Territory and Norfolk Island.It illustrates the practical applications of evidence law with case examples, summarises complex legal rules with flowcharts, and provides in-depth case analysis to help students explore and understand the underlying principles of evidence law.Now in its third edition, this book explains, analyses and critiques uniform evidence law in a manner that can be readily and easily understood by all those interested in the law of evidence.New to this EditionUpdated to reflect all amendments to the uniform evidence legislationIncorporates significant new cases on documents, credibility evidence, and privilegeIncludes analysis of recent developments on the issue of probative valueAddresses the latest High Court judgment on tendency evidence in sexual casesChapters updated and restructured in response to the latest developments, including: means of evidence with a focus on witnesses, documents and real evidenceopinion evidence including extended analysis of the law concerning expert evidencethe hearsay rule and its exceptions