Law of evidence: Main principles

Abstract

The aim of this chapter is to provide an outline of the main principles of the law of evidence. In Australia, each State and the Commonwealth has rules of evidence, which differ somewhat from each other. This is due to a combination of legislation and the development of the common law by way of judicial decision-making and statutory interpretation. The Commonwealth, the states of Victoria, New South Wales and Tasmania, and the territory of Norfolk Island have Uniform Evidence Acts designed to streamline and make the law consistent. The other states have not shared in this initiative. This chapter will canvass only the basic principles, which remain largely the same. It integrates with the author’s chapter on Giving Expert Evidence.