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.


71. Exception - electronic communications

71. Exception - electronic communications

The hearsay rule does not apply to a representation contained in a document
recording an electronic communication so far as the representation is a
representation as to-

(a) the identity of the person from whom or on whose behalf the communication was sent; or

(b) the date on which or the time at which the communication was sent; or

(c) the destination of the communication or the identity of the person to whom the communication was addressed.


1. Division 3 of Part 4.3 contains presumptions about electronic

2. Section 182 of the Commonwealth Act gives section 71 of the
Commonwealth Act a wider application in relation to Commonwealth records.

3. Electronic communication is defined in the Dictionary.


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