Subjects 2009
Advanced Evidence 730686
- Credited Courses: Graduate Diploma in Dispute Resolution 498; Graduate Diploma in Dispute Resolution 498; Graduate Diploma in Legal Studies L08; Master of Commercial Law 504; Master of Commercial Law 504; Master of Laws (LLM) 502; Master of Laws (LLM) 502
Objectives
A student who has successfully completed this subject should:
- Have an enhanced understanding of the role played by the law of evidence in dispute resolution, and the distinctive features of the common law approach to proof
- Have a good understanding of the scope and operation of the Evidence Act 1995 (Cth)
- Be able to identify the factual, legal and policy issues associated with each of the categories of evidence selected for study
- Be able to analyse such evidence from a factual, legal and policy perspective, at an advanced level.
Syllabus
This subject is primarily based on a detailed examination of several different categories and rules of evidence that are of current concern or that are, or have been, the focus of reform. Throughout this subject, that examination is located in the context of legal practice, with cases being selected from a variety of different areas of legal practice.
Principal topics will include:
- The common law approach to proof, including a comparison with the civil law Hearsay and documentary evidence
- Privilege and immunity
- Expert evidence
- The admissibility of a number of additional categories of evidence in both civil and criminal proceedings, including:
- Missing evidence
- Tendency and coincidence evidence
- Illegally and improperly obtained evidence.
