units

LAW5308

Faculty of Law

18 September 2017 25 April 2024
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.

LevelPostgraduate
FacultyFaculty of Law
OfferedNot offered in 2015

Notes

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 LAW7040

Quota applies

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

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.

Outcomes

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; and
  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 (3,750 words): 50%
Moor Court participation: 40%
Class presentation: 10%

Workload requirements

24 contact hours per teaching period (either intensive, semi-intensive or semester long, depending on the Faculty resources, timetabling and requirements).