This course covers important aspects of fact-finding and the adducing and admissibility of evidence in legal proceedings. The course is structured to meet the admission requirements for practice as a legal practitioner in the Australian States and Territories. Particular topics include:
investigation and organisation of factual material adducing evidence in court testimonial, real and documentary evidence examination, cross-examination and reexamination of witnesses burden and standard of proof relevance of evidence to facts in issue admissibility rules (e.g. credibility, hearsay, opinion, tendency and coincidence, identification and character evidence), and exceptions privileges judicial discretions and conduct of proceedings.
The course will be based on the Uniform Evidence Law, comprising the Evidence Act 1995 (Cth) along with counterpart legislation in New South Wales, Tasmania, Victoria, Norfolk Island, the Australian Capital Territory and the Northern Territory. The course also makes reference to law reform perspectives and other legislation.
The course is designed to be taken towards the end of the degree. The study of evidence is required for admission to legal practice.
Textbooks:
Prescribed Texts:
Kumar, Odgers and Peden, Uniform Evidence Commentary & Materials (6th ed. 2018) Thomson Reuters (9780455241111)
And either of the following:
Odgers, Uniform Evidence Law (16th ed. 2021, coming out in July) Thomson Reuters. Book and/or eBook. The 15th edition can be used, though it may contain out of date material. This text provides leading and comprehensive guidance on UEL to barristers, solicitors, courts and students. It is available as a standard printed text and/or as an eBook, OR
Odgers, Uniform Evidence Law online version, freely accessible through the ANU Law Library Westlaw database located under Evidence commentaries: http://libguides.anu.edu.au/c.php?g=759049&p=5446734
This information is correct at the time of publication and although we endeavour to pre-empt any planned new editions; the class summary will provide the final textbook edition confirmation.