1. EVIDENCE Miiko Kumar

2. What is evidence law? Where is it from? Where is evidence law now? What are the aims of the laws of evidence?

3. This course is about: How to adduce evidence Admissibility of evidence Proof

4. Background to the Evidence Act 1995 (Cth) and (NSW) Australian Law Reform Commission (ALRC), Evidence Interim Report (ALRC 26) 2 vols (1985) ALRC Evidence Final Report (ALRC 38) (1987) ALRC,NSWLRC, VLRC, 'Uniform Evidence Law' (ALRC 102)

5. Uniform Evidence Law Evidence Act 1995 (Cth) 18/4/95 Evidence Act 1995 (NSW) 1/9/95 Tasmania – 2002 Norfolk Island – 2004 Victoria – 2009 (in force on 1 Jan 2010) ACT- 2011 (1/3/12) Northern Territory – 2011 (1/1/13)

6. “Recent” amendments From ALRC 102 Model Uniform Evidence Bill was approved by the Standing Committee of Attorneys-General in July 2007 Evidence Amendment Act 2007 (NSW) Evidence Amendment Act 2008 (Cth)  Commenced on 1 Jan 2009

7. Relationship between the Evidence Acts, the common law and other statues Section 8 Section 9

8. Structure of the Evidence Act Chapter 1 Chapter 2 Chapter 3 Chapter 4

9. The trial process Pre-trial processes Court procedure Role of judge versus jury Appeal process

10. Structure of the courts People in the trial Role of the judge Differences between civil and criminal trials

11. Taking objections Who objects? Objection to what? Why the objection?

12. Dispensing with the rules of evidence Section 190

13. Voir dire Section 189