Welcome to the Evidence Act 2008


This blog was started back when the Evidence Act 2008 was nothing more than a gleam in Parliament's eye. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find.

Since then, many authors and luminaries have turned their minds to the complex issues the Act obliges Victorian lawyers to engage with. A blog devoted exclusively to this one piece of legislation isn't necessary, and is impossible for us to give the attention it deserves.

If you're looking for a more conventional blog posting on topical legal issues, have a look at Quis Custodiet Ipsos Custodes? by the same authors.

This site is no substitute for legal advice from an Australian lawyer. If you have a legal problem, it's great that you are doing a bit of research, but go consult a professional.




2009-07-10

102. The credibility rule

102. The credibility rule

Credibility evidence about a witness is not admissible.

Notes

1. Specific exceptions to the credibility rule are as follows-

· evidence adduced in cross-examination (sections 103 and 104)
· evidence in rebuttal of denials (section 106)
· evidence to re-establish credibility (section 108)
· evidence of persons with specialised knowledge (section 108C)
· character of accused persons (section 110) Other provisions of this Act, or of other laws, may operate as further exceptions.

2. Sections 108A and 108B deal with the admission of credibility evidence about a person who has made a previous representation but is not a witness.

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