Exclusionary Provisions in the Uniform Evidence Law

Comprehensive Overview of "Exclusionary Provisions in the Uniform Evidence Law" by Arjun Chhabra

Key Themes

The book "Exclusionary Provisions in the Uniform Evidence Law" by Arjun Chhabra focuses on a critical aspect of the Uniform Evidence Law (UEL) in Australia. The primary theme revolves around the exclusionary provisions of the UEL, which are designed to prevent the admission of evidence that would be unfair or prejudicial to a party in a legal proceeding. The book covers various sections of the UEL, including those related to the exclusion of admissions influenced by violence and other conduct, as well as provisions dealing with the unfairness of allowing certain evidence to stand.

Plot Summary

The book provides a detailed examination of the exclusionary provisions under the Uniform Evidence Law, which was first introduced in the federal jurisdiction and New South Wales (NSW) in 1995 and has since been adopted in Victoria, Tasmania, and the Australian territories. The author, Arjun Chhabra, thoroughly reviews the major exclusionary provisions, including sections 84-85, 90, and 135-139 of the UEL. Each section is treated with a comprehensive approach, covering background material such as law reform reports, the common law position prior to the introduction of the UEL, relevant definitions, and practical examples.

Critical Reception

The book has received positive reviews from legal practitioners and scholars. Here are some excerpts from the critical reception:

• Foreword by The Hon RO Blanch AM QC: "Chhabra has crafted a very practical book to help practitioners navigate through the exclusionary provisions... The book provides guidance to the interpretations and clarifications that have been made. This is not a book to be left on the shelf. This is a book to be kept on the desk and carried to court, to be referred to and highlighted and digested."

• Isabella Maxwell-Williams, Summary Prosecutor – DPP: "The importance of this text cannot be overstated – especially for practitioners working with witnesses and defendants who do not have English as a first language… It should be a daily addition to (every) court bag and be on the bar table in any contested hearing."

• Book Review in Balance, January 2016: The review highlights the book's relevance and practicality, especially for practitioners dealing with witnesses and defendants who may not have English as their first language.

The book is considered a valuable resource for legal practitioners, particularly those working in federal, ACT, NSW, NT, Tasmanian, and Victorian courts. It is praised for its practical approach and comprehensive coverage of the exclusionary provisions under the Uniform Evidence Law.