Uniform Evidence Law
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By: Stephen Odgers
UNIFORM EVIDENCE LAW 10th Edition is the leading Australian guide to uniform evidence legislation, widely used by practitioners and students alike.This highly anticipated new edition incorporates a wide range of new developments over the past two years, including: The extension of uniform evidence laws to the A.C.T. and the Northern Territory; Key High Court judgments, including those relating to opinion and expert evidence, such as Dasreef Pty Ltd v Hawchar and Lithgow City Council v Jackson; Judicial analysis and application of major changes to the UEL following ALRC Report 102, such as to the "fresh in the memory" test and limitations on the "Longman warning"; Detailed consideration of the ongoing question of when a witness may be said to "object" to giving evidence on the basis of potential self-incrimination; Decisions concerning the circumstances in which privilege may be lost; Discussion of numerous appellate judgements in NSW and Victoria regarding tendency evidence and coincidence evidence; and Reference to the recent judgments of the Victorian Court of Appeal regarding the rule in Browne v Dunn, particularly in criminal proceedings. Stephen Odgers SC continues to provide his incisive analysis and insights into the latest developments, using his extensive Bar experience and his background in both law reform and academia to ensure this landmark title remains current and comprehensive. In particular, he he seamlessly incorporates the ACT and Northern Territory into the commentary and analysis, supported by fresh comparative tables for each which will enable the reader to readily navigate the law in these new jurisdictions. In this edition, UNIFORM EVIDENCE LAW again makes extensive reference to NSW and Victorian Bench books for guidance on judicial directions to juries and includes relevant extracts from criminal procedure legislation from NSW and Victoria. Over a quarter of the evidence legislation's provisions are subjected to significant judicial interpretation each year, making it essential to have a current copy of the annotated Act at hand, to stay abreast of developments. With its popular and highly accessible annotated legislation format and comprehensive commentary on the ALRC foundations of the law, UNIFORM EVIDENCE LAW 10th Edition is the authoritative resource on the evidence regimes in NSW, the Commonwealth, Victoria, the ACT and the NT.
AI Overview
The book "Uniform Evidence Law" by Stephen Odgers is a comprehensive guide to the uniform evidence law in Australia. Here is a detailed overview of the book:
Key Themes
Guidance for Legal Professionals: The book provides leading guidance on the uniform evidence law for barristers, courts, litigators, and students. It covers all aspects of evidence law, making it an essential resource for legal professionals and students alike.
Annual Updates: The book is an annual publication, ensuring that it remains current with the latest legislative developments and court judgments. This ensures that users have the most updated text on the market.
Legislative Provisions: It thoroughly considers case law and legislative judgments, including High Court judgments. The book addresses key matters such as the application of evidence principles, disclosure of reasoning, and discretionary exclusion of evidence.
Jurisdictional Coverage: The book covers the legislative provisions of New South Wales, the Commonwealth, Victoria, Tasmania, the Australian Capital Territory, and the Northern Territory. It includes comprehensive commentary on the Australian Law Reform Commission (ALRC) foundations of the law.
Plot Summary
The book does not have a narrative plot in the traditional sense. Instead, it is structured as a legalassistant
Plot Summary
The book "Uniform Evidence Law" by Stephen Odgers is a comprehensive guide to the uniform evidence law in Australia. It does not have a narrative plot but rather a structured approach to providing guidance on the uniform evidence law. The content is organized around key themes and legal principles, including:
- Evidence Principles: It covers the application of evidence principles of common law and equity, as seen in recent High Court judgments such as McNamara v The King (2023) and Lang v The Queen (2023).
- Disclosure of Reasoning: The book discusses the importance of disclosing reasoning to demonstrate that an opinion is based on expertise, as per section 79(2) of the Act.
- Discretionary Exclusion: It addresses the discretionary exclusion of evidence adduced by a criminal defendant due to prejudice to a co-defendant, as per section 135 of the Act.
- Probative Value of Expert Evidence: The book assesses the probative value of expert evidence when considering discretionary exclusion, as per sections 135 and 137 of the Act.
Critical Reception
While specific reviews are not provided in the search results, the book is widely regarded as an authoritative resource on evidence law in Australia. Its annual updates and comprehensive commentary make it essential for legal professionals and students. The book's popularity and accessibility are highlighted by its use in various jurisdictions and its inclusion in legal catalogs and online marketplaces.
Editions and Updates
The book has been published in several editions, with the most recent being the 19th edition. Each edition includes new legal developments and updates from court judgments, ensuring that it remains a premier resource for those practicing or studying evidence law in Australia.
In summary, "Uniform Evidence Law" by Stephen Odgers is a critical resource for understanding and navigating the complexities of evidence law in Australia. Its annual updates, comprehensive commentary, and jurisdictional coverage make it an indispensable guide for legal professionals and students alike.