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Australia · Year 4 · Evidence

Uniform Evidence Act II

Sections and leading cases.

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  1. 1.Evidence Act 1995 (Cth) s 55?

    Evidence is relevant if it could rationally affect (directly or indirectly) the assessment of the probability of a fact in issue.

    Evidence Act 1995, s 55

  2. 2.Evidence Act s 59?

    The hearsay rule: evidence of a previous representation is not admissible to prove a fact the person intended to assert by it.

    Evidence Act 1995, s 59

  3. 3.Evidence Act ss 97 and 98?

    s 97: tendency evidence; s 98: coincidence evidence — both need reasonable notice and significant probative value.

    Evidence Act 1995, ss 97–98

  4. 4.Evidence Act s 137?

    In criminal proceedings the court must refuse prosecution evidence whose probative value is outweighed by the danger of unfair prejudice to the defendant.

    Evidence Act 1995, s 137

  5. 5.Evidence Act s 138?

    Improperly or illegally obtained evidence is excluded unless the desirability of admitting it outweighs the undesirability of admitting it.

    Evidence Act 1995, s 138

  6. 6.IMM v The Queen (2016) — held?

    In assessing probative value, the judge assumes the evidence will be accepted; credibility and reliability are not considered.

    (2016) 257 CLR 300

  7. 7.Hughes v The Queen (2017) — held?

    Tendency evidence need not show striking similarity or a common modus operandi to have significant probative value.

    (2017) 263 CLR 338

  8. 8.Briginshaw v Briginshaw (1938) — principle?

    In civil cases, the seriousness of the allegation affects how readily a court is satisfied on the balance of probabilities.

    (1938) 60 CLR 336

  9. 9.Browne v Dunn (1893) — rule?

    A party who intends to contradict a witness's evidence must put that contrary case to the witness in cross-examination.

    (1893) 6 R 67 (HL)