Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

On January 1, 2010 the Evidence Act 2008 (Vic) came into operation. The Act introduces a reformed version of the uniform evidence acts presently in operation federally and in New South Wales and Tasmania into Victoria. The Act is based upon recommendations made by the Victorian Law Reform Commission in its 2005 report. The Act both codifies and changes in fundamental fashion the previous law of evidence in Victoria. This unit will analyse changes brought about by the Act. At least six discrete areas of current interest in evidence law will be the subject of particular focus.

Objectives

On completion of this subject students should:

1. possess a critical understanding of selected issues raised by the introduction of uniform evidence legislation in Victoria
2. understand the theoretical and practical obstacles to judicial proof of selected issues
3. be able to identify; comprehend and discuss concepts of relevance, admissibility, probative value, prejudicial risk and facts in issue
4. Be able to analyse critically the underlying issues in the adversary system of the disciplinary, protective and reliability principles and the concept of a fair trial.

Assessment

Either research assignments (3,500 words): 45%
Take-home examination (3,500 words): 45%
Class participation: 10%
OR
Two research assignments (3,500 words each): 45% each
Class participation: 10%

Contact hours

One 2-hour seminar per week