Evidence Law in Queensland
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By: J. R. S. Forbes
Evidence Law in Queensland has provided practitioners and students alike with reliable and comprehensive commentary on the Evidence Act 1977 (Qld) for over two decades. This 8th edition provides fresh analysis of the latest legislative developments and case law, incorporating the following developments: Recent legislative changes to the Evidence Act and an amendment to the Criminal Code with important effects on provisions relating to pre-trial statements by children and persons who are mentally impaired. Additions and amendments to the judge-made law concerning: similar facts and "other occasion" evidence; identification by DNA samples; self-incrimination privilege, "without prejudice"; business records, delayed complaints of sexual assault; estoppel by representation; discretionary exclusion, and; rapidly developing law of legal professional privilege. New decisions on evidential aspects of the Uniform Civil Procedure Rules. More than 200 additional decisions are noted. Revision of the comprehensive index. Enhanced and expanded treatment of other Queensland evidence legislation and Evidence Act 1995 (Cth). John Forbes again invests his expertise to ensure Evidence Law in Queensland continues to provide essential guidance to the law and practice of evidence in Queensland.
AI Overview
"Evidence Law in Queensland" by J. R. S. Forbes is a comprehensive and authoritative text on the law of evidence in Queensland, Australia. Here is a detailed overview of the book:
Key Themes
- History and Common Law Foundations: The book begins with a detailed chapter on the history and common law foundations of evidence law in Queensland, providing readers with a clear understanding of the development of these principles over time.
- Evidence Act 1977–2016: The text extensively annotates the Evidence Act 1977 (Qld), covering all relevant sections and providing comprehensive commentary on each part of the Act. This includes discussions on recent amendments and additions, such as those concerning qualified privilege for journalists.
- Witnesses and Evidence Taking: It covers topics like the competence, compellability, cross-examination, and protection of witnesses, as well as procedures for taking evidence outside the court, including evidence on commission and kindred procedures.
- Proof of Documents: The book discusses the proof of various types of documents, including legislative and official documents, interstate and overseas laws and records, and convictions in civil cases. It also covers documentary hearsay and the treatment of machine copies as originals.
- Discretionary Exclusion of Admissible Evidence: It addresses simplifying proof, discretionary exclusion of admissible evidence, sentencing, and similar facts, providing practitioners with practical guidance on these complex issues.
Plot Summary
The book is structured to provide a thorough understanding of the law of evidence in Queensland. It starts with an historical context, then delves into the detailed annotation of the Evidence Act 1977 (Qld). The text is organized in a way that makes it accessible to both practitioners and students, ensuring that readers can navigate the complexities of evidence law effectively.
Critical Reception
"Evidence Law in Queensland" has been well-received in the legal community due to its reliability, comprehensiveness, and up-to-date coverage of legislation. The 14th edition, in particular, has been praised for its inclusion of new additions to the Evidence Act, such as the qualified privilege for journalists, which reflects significant legislative changes aimed at protecting journalistic sources.
The book's longevity, with its first edition published nearly 40 years ago in 1986, is a testament to its utility and relevance in the field of evidence law. It remains an essential addition to any practitioner's library, providing a clear and authoritative guide to the law of evidence in Queensland.
Editions and Updates
The book has undergone numerous editions, with the latest being the 14th edition. Each edition has been updated to reflect changes in the law, ensuring that practitioners and students have access to the most current information. The text benefits from the cumulative knowledge and research over its 40-year history, making it a trusted resource in the legal profession.