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.


The devil is in the detail

I'm leafing through the new Criminal Procedure Amendment (Consequential and Transitional Provisions) Bill 2009 released last week.

There certainly are consequences in it for evidence law in Victoria, though how extensive they are I don't know. Most of the evidentiary changes in the amending legislation simply preserve the rules for sex offences, family violence and other provisions of the Evidence Act 1958 and Magistrates' Court Act 1989 (which following commencement, will continue to exist but apply to the civil jurisdiction only).

In NSW, the regulations for the Evidence Act 1995 (NSW) held lots of important modifications to the UEA. No word on when they'll be ready ...


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