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Working Guide to Uniform Evidence Law - Dr Anton Hughes

http://lawtec.net/2014/10/uniform-evidence

Working Guide to Uniform Evidence Law. Last year I gave a seminar called the “A Working Guide to the Evidence Act”. I tried to avoid getting bogged down in detail, and give people an overview of the (almost) Uniform Evidence Acts framework. A copy of that seminar paper is available on the CriminalCLE website. Now, in furtherance of that project, I have made available an online version of my Working Guide. You can find it here: http:/ lawtec.net/uniform-evidence-law. Is more than welcome.

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Proof - Uniform Evidence Working Guide

http://lawtec.net/uniform-evidence-law/proof

The standard of proof in civil proceedings is the balance of probailities: s140. In determining whether the matter is proved to the requisite standard, the court ought take account of the matters set out in s140(2), namely:. These matters reflect the common law position as espoused in Briginshaw v Briginshaw. Which requires that, rather than engaging in a mathematical exercise of determining probailities, the court needs to feel actual persuasion. Although, according to Odgers, it is Briginshaw. S36 &#82...

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Publications - Dr Anton Hughes

http://lawtec.net/publications

Selected publications in refereed and non-refereed journals, and conference papers. 8220; When Giving Evidence Waives Client Privilege. 8220;, (2014) 52(2) Law Society Journal: the official journal of the Law Society of New South Wales 30. In Defence of Patentable Subject Matter, Paper presented to the Legalwise Annual Patents and Trade Marks Conference, UNSW CBD Campus, Sydney, 25 June 2014 (paper available on request. Case Brief: Bilski v Kappos. 2010) 20 Journal of Law, Information and Science 229.

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Witnesses - Uniform Evidence Working Guide

http://lawtec.net/uniform-evidence-law/witnesses

Competence and compellability are defined in the Dictionary. The starting point in determining both competence and compellability is s12, which provides that all witnesses are competent, and all competent witnesses a compellable. There follows in ss13-19 a series of exceptions. S13 sets out the main exceptions as to competence. First, a witness will not be competent where (s13(1) :. A) they cannot understand a question; or. B) the cannot give an answer which can be understood. Sections 17 and 18 are give...

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Blog - Dr Anton Hughes

http://lawtec.net/blog

Deep Links to Legal Research Databases in Australia. I wrote a post a while back about how to use Quicksilver (an app for OS X) to quickly look up a citation on AustLII. The obvious next step was to see whether it could be done or not. Westlaw You can do this sort of thing with Westlaw International, but not with Westlaw AU. […]. Making affidavits the PDF way on Mac OS X. Imitation is the sincerest form of innovation. Working Guide to Uniform Evidence Law. Last year I gave a seminar called the “A W...

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Making affidavits the PDF way on Mac OS X - Dr Anton Hughes

http://lawtec.net/2014/12/making-affidavits-pdf-way-on-mac-os-x

Making affidavits the PDF way on Mac OS X. There are still a lot of lawyers who use the combination of a rubber annexure stamp, and manual handwritten numbering, to finalise affidavits. But there is an easier way. I write the affidavit using Word. Any annexures get scanned in using the chambers photocopier. On OSX, I use Stamp and Number Pro 2. To handle numbering of the PDF, you can select the positioning, and the start and finish number. Imitation is the sincerest form of innovation.

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Documents - Uniform Evidence Working Guide

http://lawtec.net/uniform-evidence-law/documents

Despite the absence of any express requirement in the Evidence Acts of the need to prove that a document is what it purports to be, the prudent course is to make available external evidence to that effect. There a re a number of reeasons for this. First, the Court in NAB v Rusu. Where the document in question is produced by a computer, the presumptions in xx may be of utility. To that end, the presumptions in ss146 and 147 are of value in establishing authenticity. Two provisions of the Acts allow for th...

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Uniform Evidence - Working Guide

http://lawtec.net/uniform-evidence-law

A Working Guide to Uniform Evidence Law. This Working Guide to Uniform Evidence Law started life as a series of answers to the seen questions for the February 2013 NSW Bar Exams. However, after answering all those questions it became apparent that they could well form the basis of a working guide to the law of evidence. In preparing the answers, and therefore this guide, resort was had to Odgers’ Uniform Evidence Act. 9th ed, the NSW Judicial Commission’s Civil Trials Bench Book. ALRC 26) (1985);. Are di...

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Imitation is the sincerest form of innovation - Dr Anton Hughes

http://lawtec.net/2014/11/imitation-is-sincerest-form-of

Imitation is the sincerest form of innovation. 8220;Copying is the mighty force that has allowed the human race to move from stone knives to remote-guided drones, from digging sticks to crops that manufacture their own pesticides. Plenty of animals can innovate, but no other species on earth can imitate with the skill and accuracy of a human being. We’re natural-born rip-off artists. To be human is to copy.”. 8212; Kat McGowan, “Brilliant Impersonators” Aeon Magazine. Working Guide to Uniform Evidence Law.