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.


52. Adducing of other evidence not affected

52. Adducing of other evidence not affected

This Act (other than this Part) does not affect the operation of any Australian law or rule of practice so far as it permits evidence to be adduced in a way other than by witnesses giving evidence or documents being tendered in evidence.

In Bailiff v R [2011] ACTCA 7, Marshall J, Nield and Teague AJJ held that s 52 does not prevent the operation of R v Dashwood [1943] KB 1, a UK authority held to permit courts to act inquisitorially and receive evidence from any source when considering a criminal accused's fitness to plead. (In Bailiff, the conduct of the accused in the courtroom was held to give rise to a concerb as to his fitness to plead).

It would appear that the ambit of this provision is wider than s 8. This provision yields this Act to common law rules and practices as well as legislation.


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