Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence.

"Uniform Evidence Law: Commentary and Materials 7th edition has been updated throughout to provide essential case extracts and thoughtful concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania"--Back cover.

This comprehensive book provides a clear explanation of the operative rules of evidence in all Australian jurisdictions by reference to their underlying and unifying evidential principles, providing the necessary framework to understand and address evidential issues. The common law evolved an adversarial process with the aim of rational and accurate proof of facts, reflecting a liberal notion of justice whereby parties initiate and pursue proceedings before independent judges and jurors. In criminal trials this process demands that the state establish its accusations beyond reasonable doubt without assistance from the accused. The authors explain how this process provides the fundamental rationale for evidential rules both at common law and under the uniform evidence legislation (UEL), and identify where evidential rules protect values extraneous to this process. Significant developments covered in the sixth edition include: Consideration by the HCA of common law doctrine: residual 'fairness' discretion questioned (Dupas v R (2013)); privilege against incrimination of spouses rejected (ACC v Stoddart (2011)); use of evidence obtained in compulsory examination of the accused rejected (X7 v ACC (2013); Lee v R (2014)); expression of statistical evidence not restricted (Aytugrul v R (2012)) Adoption of the UEL in the ACT and the NT UEL and WA amendments privileging confidential professional communications and disclosure of journalists' sources HCA decisions on the interpretation of the UEL: 'probative value' does not concern credibility and reliability (IMM v R (2016)); no distinction between reliability of sworn and unsworn testimony (R v GW (2016)); no reliability standard for admission of 'specialised knowledge' opinions (Honeysett v R (2014); Dasreef v R (2013)) State legislation including the Jury Directions Act 2015 (Vic), and amendments to the Evidence Act 1929 (SA) The new edition is an authoritative and principled source for those practising or studying Australian evidence law. Features Explains evidence rules in the context of the adversarial process Includes comparative position under Evidence Act 1995 (Cth) and common law evidence rules Identifies underlying principles of evidence to enable navigation of complex rules Related Titles Field, Queensland Evidence Law, 4th edition, 2017Field & Offer, Western Australian Evidence Law, 2015Heydon, Cross on Evidence, 10th edition, 2015Williams, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 2015

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

The text explains and discusses the common law rules of evidence as affected by the Evidence Act 1906 (WA). The commentary addresses the synthesis of the common law and statutory position to provide a very readable and accessible text that applies a logical and systematic approach to the introduction of each key topic. The easy-to-navigate design supports a clear discussion and analysis of statutory provisions and leading cases to engage readers. To consolidate understanding, each chapter provides a set of self-test questions and a problem question in each of the civil and criminal jurisdictions. To promote familiarity with the evidence rules applicable to practice in federal matters, the text also includes a comparative discussion of the position under the Commonwealth Evidence Act 1995, which forms the foundation of the Uniform Evidence Acts regime. This book is an ideal introduction for students to the law of evidence and an excellent reference for Western Australian legal practitioners. Related Titles Field, LexisNexis Questions and Answers: Evidence for Common Law States, 2nd ed, 2011 Field, LexisNexis Questions and Answers: Uniform Evidence Law, 2012 Field, LexisNexis Case Summaries: Evidence for Common Law States, 2012 Anderson, Williams & Clegg, The New Law of Evidence, 2nd ed, 2009 Ligertwood & Edmond, Australian Evidence, 5th ed, 2010

Critical Perspectives on the Uniform Evidence Law comprises a collection of writing by the leading academics and practitioners in the field. It provides sustained critical analysis of a range of issues, including the implications of adoption of the legislation in overseas jurisdictions and the obstacles to enactment in the 'hold-out' States of South Australia, Queensland and Western Australia. The contributions explore the UEL's relationship with the common law and provide critical analysis of the operation of the law in relation to: assessment of probative value; tendency and coincidence reasoning; the admissibility of complaint evidence in sexual offence trials; judicial warnings in respect of unreliable evidence; establishing the expertise of those providing expert opinion evidence; admissions and confessions; and identification evidence. The book also provides comparative analysis of the UEL's credibility provisions and its approach to the admissibility of improperly obtained evidence.

Up-to-date case law and legislation, including commentary on the significant legislative amendments brought about by the Evidence Amendment Act 2007 (NSW) and the Evidence Amendment Bill 2008 (Cth). Now integrates material in relation to the uncommenced Evidence Act 2008 (Vic), enacted on 18 Sept 2008.