Faculty of Law

Postgraduate - Unit

This unit entry is for students who completed this unit in 2013 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.

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6 points, SCA Band 3, 0.125 EFTSL

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FacultyFaculty of Law
OfferedCity (Melbourne) Trimester 1 2013 (Day)
City (Melbourne) Trimester 2 2013 (Day)
City (Melbourne) Trimester 3 2013 (Day)



This unit will give students a thorough understanding of the fundamental principles and concepts underlying the law of evidence, both State and Federal, 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 a brief introduction to the principles of evidence as applied in the courts of other jurisdictions.


On completion of this unit students will have:

  1. acquired a thorough understanding of the rules and principles of the law of evidence
  2. developed the ability to analyse a case or factual situation and determine what evidence may be required and what evidence may be admissible
  3. acquired the ability to analyse the weight and probative value of differing forms of available evidence
  4. acquired the ability to distinguish, where applicable, between evidence which may be lead in courts in different Australian jurisdictions
  5. acquired a familiarity with the principles of the law of evidence applicable in foreign jurisdictions
  6. further developed skills in case law analysis and statutory interpretation.


Memorandum of Advice requiring students to provide detailed advice on issues of evidence arising in a civil or criminal trial: 30%
Final examination: 70%

Chief examiner(s)

Mr Michael Fitzgerald (Trimester 1)
Mr Jason Harkess (Trimester 2)
Dr Martine Marich (Trimester 3)

Contact hours

2.5 hours per week x 12 weeks