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.
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.
Uniform evidence law by
Uniform Evidence Law 18th 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. Updated annually. Uniform Evidence Law is an annual publication, ensuring customers have the most updated text on the market. This currency combines with the unchallenged authority of Stephen Odgers? commentary to provide the premium product on uniform evidence. The affordable price ensures access to this best-value treatment. New to the 18th edition: Legal developments are thoroughly considered. High Court judgments referred to include: Tendency evidence requirement of -close similarity? applies where -there is little or no other evidence of identity apart from the tendency evidence, and the identity of the perpetrator? is "at large": TL v The King [2022] HCA 35. .Appellate and lower court judgments have been distilled and incorporated into the work. Key matters addressed include: Reasonable steps to secure the attendance of a witness for the purposes of hearsay rule exceptions: Clancy v Plaintiffs A, B, C and D; Bird v Plaintiffs A, B, C and D [2022] NSWCA 119. Out-of-court -opinion? falls within the scope of hearsay exceptions in ss 63-65: Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68.Specialised knowledge requirement for expert opinion evidence: AJ v R [2022] NSWCCA 136. Where expert opinion is based on opinions expressed in other materials, those other opinions are admissible and may be -relied on for all purposes? pursuant to s 77: Malone on behalf of the Western Kangoulu People v State of Queensland (No 3) [2022] FCA 827. Using s 136 to limit the use of an article put to an expert witness during questioning: Karpik v Carnival plc (The Ruby Princess) (Evidential Ruling) [2022] FCA 1318. .Unreliability of an admission is sufficient reason to exclude the evidence under s 90: Director of Public Prosecutions (NSW) v Sullivan [2022] NSWCCA 183. New tendency evidence rules in NSW, ACT & NT regarding a defendant's sexual interest in children: Restricted Judgment [2023] NSWCCA 163. Client legal privilege and -in-house? lawyers: Andrianakis v Uber Technologies Inc & Ors; Taxi Apps Pty Ltd v Uber Technologies Inc & Ors [2022] VSC 196. Waiver of privilege by partial disclosure of communications or documents: TerraCom Ltd v Australian Securities and Investments Commission [2022] FCAFC 151. Loss of settlement negotiation privilege: Australian Securities and Investments Commission v Union Standard International Group Pty (Trial Ruling No 1) [2023] FCA 169. Judicial directions to jury may not eliminate unfair prejudice: East (a pseudonym) v The King [2022] VSCA 214. .With its popular and highly accessible annotated legislation format, and comprehensive commentary, Uniform Evidence Law 18th Edition is the authoritative voice on evidence law in NSW, the Commonwealth, Victoria, Tasmania, the ACT and Northern Territory
Uniform evidence law by
Uniform Evidence Law 18th 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. Updated annually. Uniform Evidence Law is an annual publication, ensuring customers have the most updated text on the market. This currency combines with the unchallenged authority of Stephen Odgers? commentary to provide the premium product on uniform evidence. The affordable price ensures access to this best-value treatment. New to the 18th edition: Legal developments are thoroughly considered. High Court judgments referred to include: Tendency evidence requirement of -close similarity? applies where -there is little or no other evidence of identity apart from the tendency evidence, and the identity of the perpetrator? is "at large": TL v The King [2022] HCA 35. .Appellate and lower court judgments have been distilled and incorporated into the work. Key matters addressed include: Reasonable steps to secure the attendance of a witness for the purposes of hearsay rule exceptions: Clancy v Plaintiffs A, B, C and D; Bird v Plaintiffs A, B, C and D [2022] NSWCA 119. Out-of-court -opinion? falls within the scope of hearsay exceptions in ss 63-65: Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68.Specialised knowledge requirement for expert opinion evidence: AJ v R [2022] NSWCCA 136. Where expert opinion is based on opinions expressed in other materials, those other opinions are admissible and may be -relied on for all purposes? pursuant to s 77: Malone on behalf of the Western Kangoulu People v State of Queensland (No 3) [2022] FCA 827. Using s 136 to limit the use of an article put to an expert witness during questioning: Karpik v Carnival plc (The Ruby Princess) (Evidential Ruling) [2022] FCA 1318. .Unreliability of an admission is sufficient reason to exclude the evidence under s 90: Director of Public Prosecutions (NSW) v Sullivan [2022] NSWCCA 183. New tendency evidence rules in NSW, ACT & NT regarding a defendant's sexual interest in children: Restricted Judgment [2023] NSWCCA 163. Client legal privilege and -in-house? lawyers: Andrianakis v Uber Technologies Inc & Ors; Taxi Apps Pty Ltd v Uber Technologies Inc & Ors [2022] VSC 196. Waiver of privilege by partial disclosure of communications or documents: TerraCom Ltd v Australian Securities and Investments Commission [2022] FCAFC 151. Loss of settlement negotiation privilege: Australian Securities and Investments Commission v Union Standard International Group Pty (Trial Ruling No 1) [2023] FCA 169. Judicial directions to jury may not eliminate unfair prejudice: East (a pseudonym) v The King [2022] VSCA 214. .With its popular and highly accessible annotated legislation format, and comprehensive commentary, Uniform Evidence Law 18th Edition is the authoritative voice on evidence law in NSW, the Commonwealth, Victoria, Tasmania, the ACT and Northern Territory
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
Expert evidence : law, practice, procedure and advocacy by
Expert Evidence: Law, Practice, Procedure and Advocacy 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 by superior courts in every jurisdiction in Australia and New Zealand, as well as in a number of other countries. As well as setting out and interpreting the complex common law and statutory criteria for expert evidence admissibility, the book also provides guidance in relation to how most effectively expert witnesses can provide their opinions and how they can be made accountable for their views. It scrutinises disciplinary, costs and civil law repercussions for substandard expert evidence and analyses the forensic application of codes of ethics for experts that have been promulgated in all jurisdictions.
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