Preface Preface to Second EditionAcknowledgments Table of Cases
Table of Statutes
Introduction
Relevance and Fact-Finding Some Basics about Trials and Appeals
Resolving Factual Uncertainty Exclusion of Admissible Evidence and
Limiting Directions Witnesses and Privileges The Course of the
Trial Documentary and Real Evidence The Hearsay Rules Opinion
Evidence Admissions Estoppels, and Convictions and Judgments as
Evidence The Credibility of a Witness The Character of the Accused
Tendency and Coincidence Evidence Identification Evidence
Appendix -Parts 1 and 2 of the Dictionary to the Evidence Act 1995
(Cth) (Selected parts)
Index
Dr John Anderson is an Associate Professor and Acting Dean of the Newcastle Law School at the University of Newcastle.
This is an excellent textbook, which actually reads more like a
novel than a text book! The laws of evidence are perhaps some of
the most complex laws that practitioners will face and this book
provides the basics and up to date cases on the main areas of
evidence law. … this book deals with the most important sections of
the Evidence Act. The format is easy to follow with a clear
analysis of the basic laws ... this is a very useful book for
practitioners. Read review... - Caroline Dobraszcyk, Bar News, NSW
Bar Association, Summer 2016
Since the publication of the last edition of this book, Victoria,
the Northern Territory and the Australian Capital Territory have
enacted legislation to give effect to the uniform evidence law
scheme. Further, the uniform evidence laws have been responsible
for spawning a plethora of case law. Hence, this third edition is
both warranted and timely. … the author helpfully extracts in full
the relevant statutory provisions, supplies commentary on the
manner in which the provision is said to operate, refers to
relevant authority and, where necessary, provides an extract from
the judgment. This structure is of obvious benefit to a student.
The advantage to a busy practitioner is that it provides a ready
reckoner of principles and a reference to the latest authorities
thus potentially reducing the time that would otherwise be taken
with researching primary sources. Read full review... - Anthony Lo
Surdo, Australian Banking and Finance Law Bulletin, May 2016
Evatt J said in R v War Pensions Entitlement Tribunal; Exparte Bott
(1933) 50 CLR 228 at 256 that “the rules of evidence … represent
the attempt made, through many generations, to evolve a method of
inquiry best calculated to prevent error and elicit truth”. The
rules of evidence ensure that the information put before a Court
are logically probative of an issue and are not attended by
undesirable features such as unreliability and unfairness. Of
course, legislative changes are sometimes required. That said, when
there are wholesale changes as occurred in relation to the various
Uniform Evidence Acts, a whole new period of adjustment will be
required. This text is concerned with the Uniform Evidence Acts and
is directed toward teaching tertiary students. As a consequence
there is basic, but important information to explain the
relationship between the rules of evidence and the conduct of a
trial, burden of proof, hearsay, opinion and the various
exclusionary rules. It is nevertheless comprehensive and is a handy
resource for practitioners. It is well referenced with up-to-date
authorities and its text is well presented and easy to access. Most
importantly, it offers practical answers to some of the more
difficult questions which arise in relation to evidence. It is a
very useful reference tool. The paperback form makes it easy to
carry as compared to the other more bulky loose leaf services. -
Queensland Law Reporter – 13 May 2016 – [2016] 18 QLR
Reviews of previous editions:
Uniform Evidence Law is an essential tool and will enhance the
understanding of the practical operation of evidence law in the
various litigation contexts in which it arises. - Law Society of
South Australia
With their concise and tight style of analysis on all aspects of
the trial process, the learned authors have been able to seamlessly
remind the reader at every turn of the page of both the scope and
applicability of the Uniform Evidence Acts. As they note, "Evidence
issues arise in all trials." (Appeals in Criminal Cases, p40.) In
these days of increasing legal homogeneity anyone with a criminal
or civil-based litigious practice should ensure that this
easy-to-use, breeze to carry, soft-covered text is in the robe-bag.
- Law Society of Western Australia, October 2009
Sometimes, and this is one of them, it is excruciatingly difficult
to commence a book review, not because of the lack of quality of
the publication, but because it is so good you fear that you will
not do it justice. We are all coming to grips with some changed
concepts in applying the law of evidence. For those of us who
studied the subject many years ago and have practised its use on a
daily basis, we perhaps feel like the cricketer who is told that
the pitches will from now on be metric. They are almost what you
are used to, but in subtle ways they are different. This is the
second book that I have reviewed dealing with the uniform evidence
law but this one deals with the nuts and bolts of it, rather than
trying to compare differences between the old and the new or
between States. The name does not say it all. It is much more than
text accompanied by essential cases. The author has on a number of
occasions, considered and dissected decisions, including relatively
recent High Court decisions and, by analysis, suggested that in
some cases their rationale is perhaps flawed or that subsequent
decisions might see the interpretation of the Act, applied
differently in the future. This is not an annotation of the Act,
but more an in depth analysis of issues such as credibility,
hearsay, prior inconsistent statements, prior consistent
statements, admissions and denials, identification evidence,
witnesses and privileges and the course of trial. On occasions the
author considers sections of the Act in a group, particularly when
looking at issues such as hearsay statements which may be
admissible under one of several sections of the Act. Similarly, he
has discussed a number of decisions, which have included, where
appropriate, the summing up of the trial judge, so that
practitioners may more readily understand in simple terms, how
judges have explained the application of the various provisions of
the Act, to the particular factual circumstances. This is a first
rate book. I can only echo the sentiments of Justice Carolyn
Simpson who said in the foreword, "I commend Peter Bayne for this
worthwhile attempt to refine the principles under which we now must
act, and look forward personally to benefiting, in a practical way,
from his efforts in this regard." - Tasmanian Law Society
Newsletter, February 2004
This is a good book. … It is always a pleasure to read texts such
as Peter Bayne’s where one can understand the point in a paragraph
without multiple re-readings. Quite clearly, if you reside in
uniform evidence law jurisdictions, this text is an excellent one …
this text is also of vital importance for those who serve in the
Australian Defence Force, who have to deal with the matters that
arise out of the Defence Force Discipline Act. … I would highly
recommend this text … - Ethos (Law Society of the ACT), March 2004
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