UNIFORM EVIDENCE LAW.
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By: STEPHEN. ODGERS
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AI Overview
"Uniform Evidence Law" by Stephen Odgers is a comprehensive legal textbook that provides authoritative guidance on the uniform evidence law in Australia. Here is a detailed overview of the book:
Key Themes
Authority and Currency:
- The book is annually updated to ensure that it reflects the latest legislative developments and High Court judgments, making it a reliable resource for barristers, courts, litigators, and students.
Coverage of Jurisdictions:
- The text covers the uniform evidence law across various Australian jurisdictions, including New South Wales, the Commonwealth, Victoria, Tasmania, the Australian Capital Territory, and the Northern Territory.
Legislative Provisions:
- It includes the full reproduction of legislative provisions from these jurisdictions, along with comprehensive commentary that considers case law and legislative changes.
Expert Commentary:
- The book is authored by Stephen Odgers, a renowned expert in evidence law, whose commentary is unchallenged in its authority. The text is known for its accessible and annotated legislation format, making it a valuable resource for legal professionals and students.
Plot Summary
The book does not have a narrative plot in the traditional sense. Instead, it is structured as a legal textbook that delves into the principles and practices of evidence law in Australia. It covers various aspects of evidence law, including:
Common Law and Equity Principles:
- The book discusses the ongoing application of common law and equity principles in evidence law, as seen in recent High Court judgments such as McNamara v The King.
Disclosure of Reasoning:
- It examines the requirement for disclosing reasoning to demonstrate that an opinion is based on expertise, as per section 79(2) of the Act, illustrated by cases like Lang v The Queen.
Discretionary Exclusion of Evidence:
- The text addresses the discretionary exclusion of evidence due to prejudice to a co-defendant, as per section 135 of the Act, with reference to McNamara v The King.
Probative Value of Expert Evidence:
- It discusses the assessment of the probative value of expert evidence when considering discretionary exclusion, as per sections 135 and 137 of the Act.
Critical Reception
While there is no specific critical reception available in the provided sources, the book's reputation as a leading authority in uniform evidence law is well-established. The annual updates and comprehensive coverage of legislative provisions and case law make it a valuable resource for legal professionals and students. The book's accessibility and authoritative commentary by Stephen Odgers further enhance its reputation as a premium product in the field of evidence law.
Editions
The book has been published in several editions, with the most recent being the 19th Edition, which continues to provide the most updated text on the market. Previous editions, such as the 13th Edition, have also been highly regarded for their comprehensive coverage and authoritative commentary.