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Documentary Evidence - The Laws of Australia, 2nd Edition
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Documentary Evidence - The Laws of Australia, 2nd Edition

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Overview
Published 22 Aug 2013 (Thomson Reuters)
ISBN: 9780455231655.
Description

By Roger Brown

Documentary Evidence – The Laws of Australia is the only current text that focuses exclusively on the important topic of documentary evidence in Australia.

This unique work provides comprehensive coverage and analysis of the common law and statutory regimes governing the admissibility of documentary evidence for all Australian jurisdictions, grouped into the following topics: 

  • Varieties of documents
  • Common law principles of admissibility, including the hearsay rule, the best evidence rule and the requirement of authentication
  • Admissibility under the Uniform Evidence Acts
  • Business records legislation
  • Admissibility under Australian legislation based on the Evidence Act 1938 (UK)
  • Admissibility of bankers’ books and books of account

This new edition outlines the impact of legislative reforms such as the adoption of the Uniform Evidence Acts in the Northern Territor, Tasmania and Victoria, and the progression of evidentiary principles in cases including Lithgow City Council v Jackson(2011) 244 CLR 352; 85 ALJR 1130; [2011] HCA 36 and Nolan v Nolan (2003) 10 VR 626; [2003] VSC 121 are explored with concise and insightful commentary.

This text also provides a thorough examination of the admissibility of computer produced evidence at common law and under various Australian legislative approaches including the Uniform Evidence Acts, the “computer specific” approaches of Queensland and Victoria, as well as the South Australian provisions governing the admission of computer produced evidence and the “business record” approach of Western Australia.

Author Dr Roger A Brown, Magistrate in the Local Court of New South Wales, has provided an expert view of specific issues raised by documentary evidence in practice. This material is also published as part of Title 16 “Evidence” of The Laws of Australia legal encyclopaedia.

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