Library Guides: Bachelor of Laws: Evidence

1. Any object or information, other than legal submissions, which tends to prove or disprove the existence of a fact in issue. There are three primary forms of evidence, testimony, documents and real evidence. Evidence is also subject to other classifications, for example: direct, circumstantial, oral, documentary, real, indirect, original, derivative, primary, secondary, prima facie, expert, opinion, confessional, sworn, and unsworn.
2. The body of law regulating the ascertainment of facts in litigation. Evidence law operates to apply rules of proof as a constraint upon the proof of facts in civil and criminal trials. It lays down rules and procedures governing: the adduction of evidence; the exclusion and admissibility of certain types of evidence, such as hearsay; the use of particular kinds of evidence; and the ultimate question of proof.
(Encyclopaedic Australian Legal Dictionary, 2016)

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eBooks

Uniform Evidence

(2019)

Australian Uniform Evidence Law : Principles and Context

(2022)

Proof: How to Analyse Evidence in Preparation for Trial

(2021)

Australian Uniform Evidence Law

(2022)

Uniform Evidence Law

(2023)

Uniform Evidence Law

(2023)

Cross on Evidence

Annotated Legislation

Annotated Legislation provides the text of the legislation and commentary or explanatory text about each provision.

Laws of Australia - Legal Encyclopaedia

Evidence - General Principles
Introduction; Proof by Adversarial Trial; Nature of Evidence; Facts Which Need Not Be Proved
Evidence: Proof in Civil Cases
Introduction; General Principles of Proof
Evidence: Proof in Criminal Cases
Introduction; General principles of proof; Propensity and similar fact evidence; Confessions; Identification evidence; Unfairly prejudicial evidence; Jury warnings
Evidence: Testimony
Introduction; Formalities; Competence and compellability; Calling and questioning witnesses; Opinion evidence; Hearsay; Credit evidence; Accused as a witness
Documentary Evidence
Introduction; Varieties of Documents; Evidentiary Effect of Documents; Statutory Admissibility Provisions; Business Records Legislation; Bankers' Books and Books of Account; Powers to Order Production of Documents
Computer Produced Evidence
Introduction; Admissibility at Common Law; Admissibility under Uniform Evidence Acts; Admissibility Pursuant to Computer Specific Legislation; Admissibility as Business Record
Privilege and Public Interest Immunity
Introduction; Legal professional privilege and client legal privilege; Compromise; Privilege against self-incrimination; Other privileges; Public interest immunity

Halsbury's Laws of Australia - Legal Encyclopaedia

Uniform Evidence Resources on CCH Intelliconnect

CCH is a legal publisher that produces a collection of uniform evidence law resources including:

Australian Uniform Evidence Law Commentary
This resource designed to keep barristers, law clerks, law librarians and the courts up to speed with implementation of the Uniform Evidence Acts around Australia.
Australian Uniform Evidence Law Legislation
Commonwealth -- Australian Capital Territory -- New South Wales -- Northern Territory -- Tasmania -- Victoria.
Australian Uniform Evidence Law Cases
Cases from 1990-2012

Evidence Law Resources

Bourke's Criminal Law - Lexis+
Bourke's Criminal Law Victoria is intended to be a core reference tool for criminal lawyers in Victoria.
Bourke's provides extensive annotations to the Crimes Act 1958, Drugs, Poisons and Controlled Substances Act 1981 and the Summary Offences Act 1966 as well as other Acts of high relevance to Victorian criminal law (including Evidence).

Journals in Print and Online

AGIS (Attorney Generals Information Service) - is the leading legal journals database in Australia. Use AGIS to search hundreds of journals for articles about Evidence.

If you wish to browse, then the journals below may be useful places to start.

Related Subjects in VU Catalogue

Evidence Law Web Sites

Australian Law Reform Commission
Links to publications arising from the inquiry into the operation of the Uniform Evidence Acts including, 'Uniform Evidence Law' (ALRC Report 102).
Judicial College of Victoria - Uniform Evidence Manual
The Judicial College of Victoria is an independent statutory authority providing education programs & resources for Victoria's judicial officers. Evidence law resources include the 'Uniform Evidence Manual' and resources from the Australian, New South Wales & Victorian Law Reform Commissions & the Dept. of Justice (Vic).