Author Description

This book offers a user-friendly approach that 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. Relevant practice notes and examples are included. For ease of navigation, the commentary to each provision includes extensive cross-references to other provisions that may impact on a particular issue, and the book includes a useful Glossary based on Act and common law terminology. The authors examine recurring challenges in the construction and application of the legislation, including the extent to which it is necessary or proper to resort to pre-Act case law. In so doing, they highlight and explore the tension between the prescriptive nature of some sections and the apparent reliance of others upon pre-existing common law principles. Significant recent developments that are addressed include: differing approaches to the assessment of probative value in NSW and Victoria; multiple High Court decisions on opinion evidence; the introduction in NSW of the modified right to silence; the substantial volume of recent appellate case law on tendency and coincidence evidence, including an extensive analysis of relationship evidence; and jurisdictionally varying amendments to the privilege provisions. 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; Frequent cross-references to other relevant sections facilitates familiarity with the Evidence Act as a body of law, rather than each section in isolation.