Uniform Evidence Law in Victoria 2e

Uniform Evidence Law in Victoria 2e

By Stephen Odgers SC, Stephen Odgers SC


$174.00 RRP

Date: 21/06/2013

Code: 9780455231778

Thomson Reuters, AUSTRALIA

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Essential guidance to evidence law in Victoria.

"This specifically Victorian edition ... will find its way, in much thumbed copies, on to benches, bar tables and desks. It will be the essential aid to an understanding of the UEA in Victoria." - Tim Smith, former Justice of the Supreme court of Victoria, from the Foreword to the 1st Edition.

Responding to Victorian practitioners’ requests for a continued focus on the evidence law in their state, Stephen Odgers provides fresh analysis in Uniform Evidence Law in Victoria 2nd Edition.

His authoritative commentary is complemented by customised and updated  appendices prepared specifically for the Victorian reader.

In the three years since the first edition, there have been many important appellate judgments. The following represent just some of the key matters considered in this new Victorian edition:

  • business records and lay opinion evidence: Lithgow City Council v Jackson [2011] HCA 36;
  • the meaning of “credibility evidence” and of “probative value”: Dupas v The Queen [2012] VSCA 328 (rejecting NSW authority);
  • privilege against self incrimination: LGM & CAM [2011] FamCAFC 195;
  • the likely effectiveness of jury directions to overcome unfair prejudice: Patel v The Queen [2012] HCA 29
  • excluding improperly or illegally obtained evidence: DPP v Marijancevic; DPP v Preece [2011] VSCA 355;
  • the scope of “unfair prejudice”: Aytugrul v The Queen [2012] HCA 15;
  • extending “Jones v Dunkel” inferences: Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; Australian Securities and Investments Commission v Hellicar [2012] HCA 17
  • the continuing importance of common law obligations to give warnings to juries: Greensill v The Queen [2012] VSCA 306;
  • expert evidence: Dasreef Pty Ltd v Hawchar [2011] HCA 21; and
  • warnings about children's evidence: C M G v The Queen [2011] VSCA 416; RGM v R [2012] NSWCCA 89.

As well, important single judge decisions considered include:

  • protection of journalists' sources under s 126H of the Commonwealth Act:  Ashby v Commonwealth of Australia (No 2) [2012] FCA 766
  • proof of voluminous or complex documents under s 50: Idylic Solutions Pty Ltd [2012] NSWSC 568
  • attempts to revive memory in court: DPP v Curran (Ruling No 2) [2011] VSC 280

This expert and accessible guide provides courts, practitioners and students with definitive treatment of the evidence law regime in Victoria.

Table of Contents


Format of the Commentary

Table of Statutes

Table of Cases



  • Table of Provisions
  • Chapter 1 - Preliminary
  • Chapter 2 - Adducing the Evidence
  • Chapter 3 - Admissibility of Evidence
  • Chapter 4 - Proof
  • Chapter 5 - Miscellaneous
  • Schedules
  • Dictionary



  • Appendix A – Evidence Regulations 1995 (Cth)
  • Appendix B - Evidence Regulations 2009 (Vic)
  • Appendix C - Ready Reckoner (Vic)
  • Appendix D - Evidence (Miscellaneous provisions) Act 1958 (Vic)
  • Appendix E – Criminal Procedure Act 2009 (Vic) (extracts)
  • Appendix F – Crimes Act 1958 (Vic) (extracts)
  • Appendix G – Table of Notices (Vic)
  • Appendix H  -  Victorian Charter of Rights and Responsibilities (extracts)


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