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.


99. Requirements for notices

99. Requirements for notices

Notices given under section 97 or 98 are to be given in accordance with any
regulations or rules of court made for the purposes of this section.

In Regina v Harker [2004] NSWCCA 427, the NSW Court of Criminal Appeal ruled that the two primary considerations to the adduction of tendency and coincidence evidence are the probative value of the evidence any prejudice caused to the respondent by the failure of the Crown to give reasonable notice in accordance with s 97(1)(a).


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