The New Law of Evidence
Annotation and Commentary on the Uniform Evidence Acts
By: Jill Anderson, Neil John Williams, Louise Clegg
A unique resource that presents 'the new law of evidence' in an accessible form. In this work, the large body of 'new law of evidence' is presented in an accessible form: that is, the law arising from the extensive statutory revision by the Commonwealth and New South Wales in 1995, Tasmania in 2001 and Victoria in 2008. Complex statutory construction and substantive law issues receive comprehensive treatment. Differences between jurisdictions are also highlighted and discussed. Cross-referencing to relevant provisions helps to navigate around the Acts. In addition, readers may draw on numerous case examples and an alphabetical guide to the changes that the legislation has effected to common law principles. THE NEW LAW OF EVIDENCE annotates the forthcoming amendments to the Commonwealth and New South Wales Acts following the joint review and report of the Australian, New South Wales and Victorian Law Reform Commissions. Important Features: Annotations to forthcoming amendments following the review of the Australian, New South Wales' and Victorian Law Reform Commissions, a glossary guides the reader to changes that the legislation has effected to common law evidence principles, Separate section on 'Introduction to Evidence Act 2001 (Tas)'.
AI Overview
"The New Law of Evidence: Annotations and Commentary on the Uniform Evidence Acts" is a legal textbook written by Jill Anderson, Neil Williams, and Louise Clegg. Here is a comprehensive overview of the book:
Key Themes
Uniform Evidence Acts: The book provides in-depth annotations and commentary on the Uniform Evidence Acts, which are a set of laws governing the admissibility and use of evidence in Australian courts. The acts aim to standardize the rules of evidence across different jurisdictions in Australia.
Admissibility of Evidence: It covers the inclusionary relevance test, various exclusionary rules, exceptions to those rules, privileges, and judicial discretions to exclude otherwise admissible evidence.
Proof and Standards: The book discusses standards of proof, where proof is not required, presumptions, corroboration, and warnings about unreliable evidence.
Miscellaneous Provisions: It includes machinery provisions such as the voir dire, waiver of rules, and criteria for giving leave, permission, or a direction.
Dictionary of Legal Terms: The book includes a dictionary with definitions of a large number of words, phrases, and expressions used in the Act.
Plot Summary
The book is structured to provide a comprehensive guide to the Uniform Evidence Acts. It begins with an introduction to the law of evidence and then delves into detailed annotations and commentary on specific sections of the acts. The chapters cover various aspects of evidence law, including admissibility, proof standards, and miscellaneous provisions. The book is designed to be a reference guide for legal professionals, students, and anyone interested in understanding the complexities of evidence law in Australia.
Critical Reception
While specific reviews are not provided in the sources, the book is widely regarded as a valuable resource for those studying or practicing law in Australia. The second edition, published in 2009, reflects updates and amendments to the Uniform Evidence Acts following a joint review and report.
Editions
The book has been published in at least two editions. The first edition is no longer available, and the second edition is currently in print.
Availability
The book is available through various channels, including LexisNexis Australia and online marketplaces like eBay. It is also listed on academic catalogs, indicating its relevance to legal education and practice.