Faculty of Law

Monash University

Postgraduate - Unit

This unit entry is for students who completed this unit in 2015 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

print version

6 points, SCA Band 3, 0.125 EFTSL

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

FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2015 (Day)
City (Melbourne) Trimester 2 2015 (Day)
City (Melbourne) Trimester 3 2015 (Day)


For postgraduate Law discontinuation dates, please see http://www.law.monash.edu.au/current-students/postgraduate/pg-disc-dates.html
For postgraduate Law unit timetables, please see http://law.monash.edu.au/current-students/course-unit-information/timetables/postgraduate/index.html
Previously coded as LAW7273

Quota applies

Postgraduate programs are based on a model of small group teaching and therefore class sizes need to be restricted.


The unit examines the principles and concepts underlying the law of evidence, both State and Commonwealth, together with an appreciation of the relationship between the law of evidence and the nature of a civil or criminal trial in the Australian legal system. Students will examine key concepts of the law of evidence in the context of the purposes of exclusionary rules. The unit will examine the role of technology in the trial court and the issues raised by its use for litigants and the court itself. The unit will also provide comparative law insights into different approaches to issues in the law of evidence adopted in other Australian and selected overseas jurisdictions.


At the successful completion of this unit students will be able to:

  1. critically evaluate the law of evidence, its practice and contemporary developments, drawing upon broader theoretical and comparative perspectives;
  2. identify, research, synthesise and evaluate relevant legal, factual and policy issues;
  3. demonstrate intellectual and practical skills to justify and interpret theoretical propositions, legal methods and conclusions;
  4. exercise advanced and integrated professional judgment and ethical responsibility in evaluating jurisprudential, practical and ethical considerations;
  5. select, analyse, interpret and apply principles of the law of evidence to generate appropriate responses to complex legal issues embedded in factual scenarios;
  6. demonstrate the ability to think creatively and communicate effectively in professional formats that are appropriate for trial practice;
  7. collaborate and communicate effectively and persuasively;
  8. learn and work with a high degree of autonomy, accountability and professionalism; and
  9. reflect on and assess their own capabilities and performance, and make use of feedback, to support personal and professional development.


1. Examination (2 hours plus 30 minutes reading time): 40%
2. Legal submission (paired activity) - (3,000 words): 40%
3. Presentation of the submission in a moot: 20%

Workload requirements

Workload is 2.5 (or 3 for 2015+ cohort) hours per week x 12 weeks

Chief examiner(s)


LAW5000 or LAW5080 or LAW5081, LAW5001 and LAW5004 (for students beginning in 2015 or later)