Australian Uniform Evidence Law provides a clear, accessible introduction to the law of evidence.

This comprehensive book provides a clear explanation of the operative rules of evidence in all Australian jurisdictions by reference to their underlying and unifying evidential principles, providing the necessary framework to understand and address evidential issues. The common law evolved an adversarial process with the aim of rational and accurate proof of facts, reflecting a liberal notion of justice whereby parties initiate and pursue proceedings before independent judges and jurors. In criminal trials this process demands that the state establish its accusations beyond reasonable doubt without assistance from the accused. The authors explain how this process provides the fundamental rationale for evidential rules both at common law and under the uniform evidence legislation (UEL), and identify where evidential rules protect values extraneous to this process. Significant developments covered in the sixth edition include: Consideration by the HCA of common law doctrine: residual 'fairness' discretion questioned (Dupas v R (2013)); privilege against incrimination of spouses rejected (ACC v Stoddart (2011)); use of evidence obtained in compulsory examination of the accused rejected (X7 v ACC (2013); Lee v R (2014)); expression of statistical evidence not restricted (Aytugrul v R (2012)) Adoption of the UEL in the ACT and the NT UEL and WA amendments privileging confidential professional communications and disclosure of journalists' sources HCA decisions on the interpretation of the UEL: 'probative value' does not concern credibility and reliability (IMM v R (2016)); no distinction between reliability of sworn and unsworn testimony (R v GW (2016)); no reliability standard for admission of 'specialised knowledge' opinions (Honeysett v R (2014); Dasreef v R (2013)) State legislation including the Jury Directions Act 2015 (Vic), and amendments to the Evidence Act 1929 (SA) The new edition is an authoritative and principled source for those practising or studying Australian evidence law. Features Explains evidence rules in the context of the adversarial process Includes comparative position under Evidence Act 1995 (Cth) and common law evidence rules Identifies underlying principles of evidence to enable navigation of complex rules Related Titles Field, Queensland Evidence Law, 4th edition, 2017Field & Offer, Western Australian Evidence Law, 2015Heydon, Cross on Evidence, 10th edition, 2015Williams, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 2015

Uniform Evidence Law: Commentary and Materials, 5th editionhas been updated throughout to provide essential case and legislative extracts and thoughtful, concise commentary covering the uniform evidence legislation in the UEL jurisdictions of the Commonwealth, New South Wales, Victoria and Tasmania.

The second edition of this book provides an accessible, well-structured, compact yet detailed presentation and critical analysis of the law of evidence applicable in the Australian uniform evidence jurisdictions. Written by an expert team of practitioners and academics, the commentary takes readers beyond legal principles and case law to deliver a working understanding of the current operation of the law. Designed for easy navigation of the key areas of evidence law, each chapter is set out in a logical and accessible manner. The authors discuss the practical operation of the legislative regime in the wider legal context, particularly within the trial structure. It presents succinct explanations of the underlying principles, an assessment of their success as enacted and, where relevant, explores the future direction in which they may be developed. The complexities within each aspect of the law, as well as conflicting decisions and approaches, are addressed. It is essential reading for anyone wishing to understand Australia's uniform evidence regime. The new edition has been fully revised and updated to include recent developments in case law and legislation, including legislative developments in the law of tendency and coincidence evidence concerning child sexual abuse cases in some uniform evidence jurisdictions. Lexis Learning Resources Online learning resources to use for teaching and assessment activities will be available for lecturers who prescribe this text for a unit of study. Please contact your LexisNexis sales representative for more information. Features * Clear, concise analysis of uniform evidence principles * Authoritative, experienced author team * Covers all uniform jurisdictions, identifying and explaining differences * Positions the rules of evidence in the wider legal context * Provides insights and analysis for future development of the uniform scheme Related Titles * Weinstein, Anderson, Marychurch & Roy, Uniform Evidence in Australia, 3rd ed, 2020 * Field, LNQA Uniform Evidence Law, 3rd ed, 2019 * Ligertwood & Edmond, Australian Evidence: A Principled Approach to the Common Law and Uniform Acts, 6th ed, 2017 * Peden & Kumar, LNCS Uniform Evidence Law, 2012 * Kumar & Peden, QRC Uniform Evidence Law, 3rd ed, 2018

Introduces general principles and theoretical perspectives of the law of evidence, covering all Australian jurisdictions and explaining State by State variations.