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.




2009-07-04

2. Commencement

2. Commencement

(1) This Part and the Dictionary at the end of this Act come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision of this Act does not come into operation before 1 January 2010, it comes into operation on that day.


The Evidence Act 1995 (NSW) commenced operation on the 1st September 1995. In the early days of its operation it was reportedly common for trial courts to exercise their discretions to ensure that rulings accorded with practices prior to the introduction of the Act.

The Evidence Act 2008 (Vic.) received Royal Assent on 15 September 2008. Procedural sections 1 - 3A and the Dictionary came into effect on 16 September 2008. The remaining Act came into effect on 1 January 2010. It applied to all hearings after it commencement (with the exception of those matters referred to in Schedule 2).

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