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Where am I now? Lawlink > Law Reform Commission > Publications > 13. Evidence

DIGEST OF LAW REFORM COMMISSION REFERENCES

13. Evidence

[Link to terms of reference]
 
Received:
29 June 1966
Reference Extended:
25 March 1975

 

Evidence (Business Records), 1972
Report 17:
Evidence (Business Records), July 1973
Tabled in Parliament 9 August 1973
Legislative Action:
Evidence (Amendment) Act 1976
Judicial Citation:
Bilbao v Farquhar [1974] 1 NSWLR 377, 383
Albrighton v Royal Prince Alfred Hospital [1980] 2 NSWLR 542, 549
Trade Practices Commission v TNT Management Pty Ltd (1984) 1 FCR 172
Australian Competition and Consumer Commission v Advanced Medical Institute Pty Ltd (No 2) [2005] FCA 1357, [24]
 
The Rule Against Hearsay, 1976
Report 29:
The Rule Against Hearsay, May 1978
[An Outline of the Report was also published]
Tabled in Parliament 29 August 1978
Judical Citation
Jones v Sutherland Shire Council [1979] 2 NSWLR 206, 230
The Ritz Hotel Ltd v Charles of the Ritz Ltd (1988) 15 NSWLR 158
Conway v The Queen (2000) FCR 461, [146]
R v Ambrosoli (2002) 55 NSWLR 603, [16]
Harrington-Smith v Western Australia (2004) 207 ALR 483, [84]
R v Hillier [2004] ACTSC 81, [13]
 
Unsworn Statements of Accused Persons, May 1980
Report 45:
Criminal Procedure: Unsworn Statements of Accused Persons, October 1985
Tabled in Parliament 31 October 1985
Legislative Action:
No legislation was required to implement this Report. However, the right to make an unsworn statement was subsequently abolished by the Crimes Legislation (Unsworn Evidence) Amendment Act 1994 (NSW) which inserted s 404A into the Crimes Act 1900 (NSW) (now Criminal Procedure Act 1986 (NSW) s 31).

 

Evidence of Disposition, 1978
Judicial Citation:
R v Damic [1982] 2 NSWLR 750 at 755
Australian Securities and Investments Commission v Vines [2003] NSWSC 1237, [37]
 
The Course of the Trial, 1978
Judicial citation:
Goldsmith v Sandilands (2002) 76 ALJR 1024, [55]
Australian Securities and Investments Commission v Vines [2003] NSWSC 1237, [37]

 

Illegally and Improperly Obtained Evidence, 1979

 

Competence and Compellability, 1980
Judicial Citation:
Smiles v Office of the Director of Public Prosecutions (1992) 66 ACrimR 51, [65]

 

Oaths and Affirmations, March 1980

 

Evidence, June 1988
Released by the Attorney General 30 June 1988
Tabled in Parliament 15 November 1988
Legislative Action:
Motor Accidents Act 1988 Part 5, Division 5
Evidence Act 1995
Judicial Citation:
Sved v Council of the Municipality of Woollahra (NSW SC, No 55096/92, Giles CJ in CommD, 15 April 1998, unreported), 6
Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49 [104]
R v Clark (2001) 123 A Crim R 506 [111]
Cornwell v The Queen (2007) 81 ALJR 840 [58], [72], [136]
Habib v Nationwide News Pty Ltd (2010) 76 NSWLR 299 [203]
Journal articles:
F Bates, "Review: the New South Wales Law Reform Commission Report on Evidence" (1990) 14 Criminal Law Journal 136
 
Note:
See also Reference 109 for a Review of the Evidence Act 1995
 


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