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Australian evidence / Andrew Ligertwood Ligertwood, Andrew

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Ligertwood, Andrew
Evidence (Law) - Australia - Cases.; Evidence (Law) - Australia.; Evidence (Law)
Evidential rules result from the search for facts in particular cases within Australia's adversarial system of justice - both at common law, and under the uniform legislation which applies in the Federal Court and State Courts in the Australian Capital Territory, New South Wales and Tasmania. This book maintains an organised approach to the law of evidence by explaining the operative rules from the perspective of the various underlying and unifying principles. The apparent technicality of the uniform legislation is analysed and resolved within this 'principled' context. While the substance of the uniform legislation's provisions is essentially unchanged, a burgeoning body of case law has arisen which is relevant to the correct interpretation and application of legislative provisions. Some of the many developments include: expansion of the scope of legal professional privilege; development of the accused's right to silence in criminal trials; elaboration of the prosecutor's obligation to call all material witnesses in criminal trials; State Courts' consideration of the tendering of evidence revealing the accused's criminal tendency; coverage of the legislation relating to procedures for obtaining evidence; prosecutorial obligations to disclose evidence; and the protection of vulnerable witnesses when they testify.
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