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.


80. Ultimate issue and common knowledge rules abolished

80. Ultimate issue and common knowledge rules abolished

Evidence of an opinion is not inadmissible only because it is about-

(a) a fact in issue or an ultimate issue; or

(b) a matter of common knowledge.

In R v Nguyen (Ruling No 1) [2010] VSC 438 evidence of the effect of amphetamine use was allowed, over an objection that such evidence was 'common-sense'.

While experts may be the source of such evidence, s 144 provides a wide ambit for a court to inform itself of matters of common knowledge provided it advises the parties of its intention to do so (see the commentary at s 144).


Related Articles

Related Article Widget by Hoctro

  © Blogger templates The Professional Template by Ourblogtemplates.com 2008

Back to TOP