Evidence Law (11284.2)

Please note these are the 2026 details for this unit
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Evidence Law
Available teaching periods Delivery mode Location
View teaching periods Online real-time
On-campus
 Bruce, Canberra
EFTSL Credit points Faculty
0.125 3 Faculty Of Business, Government & Law
Discipline Study level HECS Bands
Canberra Law School Level 4 - Undergraduate Advanced Unit Band 4 2021 (Commenced After 1 Jan 2021)
Band 4 2021 (Commenced After 1 Jan Social Work_Exclude 0905)
Band 5 2021 (Commenced Before 1 Jan 2021)
This unit is designed to meet the admission requirements for practice as a legal practitioner in the Australian States and Territories.
This unit covers the broad theoretical and conceptual bases of evidence law and its historical and social context. It studies the role, sources and foundation of the law of evidence and trial procedure, of pre-trial obligations and of rules concerning the burden and standard of proof. Topics include adversarialism; forms of evidence; evidentiary principles and rules (e.g. credibility, hearsay, opinion, tendency and coincidence, identification and character evidence), and exceptions to the rules; privileges; judicial discretion and warnings, comments and directions; mandatory and discretionary exclusions; and the limitations on evidence. The unit is based on the Uniform Evidence Law with a particular focus on the Evidence Act 2011 (ACT).
This unit may be co-taught with a PG version of the same unit.

Learning outcomes

After successful completion of this unit, students will be able to:
1. Analyse and explain the broad theoretical and conceptual bases of evidence law and its historical and social context;
2. Articulate the role, sources and foundation of the law of evidence and trial procedure and understand the burden and standard of proof and pre-trial obligations;
3. Explain forms of evidence and apply evidentiary principles and rules, and exceptions to them, including: relevance, original evidence, including res gestae, hearsay, opinion, admissions and confessions, tendency and coincidence, identification, and credibility and character evidence;
4. Interrogate and explain the operation of privileges, judicial discretion and warnings, comments and directions, mandatory and discretionary exclusions, and the limitations on evidence; and
5. Critique important policy debates underpinning evidence law and its reform.


Graduate attributes

1. 含羞草视频 graduates are professional - communicate effectively
1. 含羞草视频 graduates are professional - employ up-to-date and relevant knowledge and skills
1. 含羞草视频 graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
2. 含羞草视频 graduates are global citizens - adopt an informed and balanced approach across professional and international boundaries
2. 含羞草视频 graduates are global citizens - communicate effectively in diverse cultural and social settings
2. 含羞草视频 graduates are global citizens - make creative use of technology in their learning and professional lives
2. 含羞草视频 graduates are global citizens - think globally about issues in their profession
2. 含羞草视频 graduates are global citizens - understand issues in their profession from the perspective of other cultures
3. 含羞草视频 graduates are lifelong learners - adapt to complexity, ambiguity and change by being flexible and keen to engage with new ideas
3. 含羞草视频 graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development


Skills development

It is recommended that you complete Criminal Law and Procedure ( 11279) before undertaking this unit.

 


Prerequisites

11251 Foundations of Law and Justice

Corequisites

This unit is only available to students in a Bachelor of Laws course.

Incompatible units

11444 Evidence Law PG, 7228 Evidence Law G

Equivalent units

7030 Evidence Law

Assumed knowledge

None.
Availability for enrolment in 2027 is subject to change and may not be confirmed until closer to the teaching start date.
Year Location Teaching period Teaching start date Delivery mode Unit convener
2026 Bruce, Canberra Semester 2 10 August 2026 Online real-time Dr Janet Hope
2026 Bruce, Canberra Semester 2 10 August 2026 On-campus Dr Janet Hope
2027 Bruce, Canberra Semester 2 09 August 2027 On-campus Dr Janet Hope
2027 Bruce, Canberra Semester 2 09 August 2027 Online real-time Dr Janet Hope
The information provided should be used as a guide only. Timetables may not be finalised until week 2 of the teaching period and are subject to change. Search for the unit .

Required texts

Prescribed text: 

  • Fiona Hum, Gregor Urbas and Ottavio Quirico, Australian Uniform Evidence Law (Cambridge University Press, 3rd ed, 2025).
  • Note: You do not need to purchase this text unless you want a hard copy. Unlimited online access is provided via the 含羞草视频 Library and Cambridge Aspire platform.

Other required resources:

  • Ensure you have ready access to up-to-date legislation, especially the Uniform Evidence Legislation (e.g., Evidence Act 1995 (Cth), Evidence Act 2011 (ACT)). 

Additional recommended resources: 

Legal research tools: 

  • JADE Professional (case law, legislation, citators, and more). Current law students may register for a free premium subscription. Instructions are on Canvas. 

Texts:

  • Stephen Odgers, Uniform Evidence Law (Thomson Reuters, 21st ed, 2026). This annotated guide to uniform evidence legislation is widely used by practitioners and courts. Older second-hand editions are still helpful as supplements to the prescribed text. 
  • J D Heydon, Cross on Evidence (LexisNexis, 14th ed, 2023). You can access an up-to-date version of Cross on Evidence online via the 含羞草视频 Library Lexis Advance database.

Other: 

  • Judicial College of Victoria, Resources on Evidence: . This comprehensive Victorian resource includes a helpful series of decision-making flowcharts designed to help judicial officers and legal practitioners navigate the application of uniform evidence law.
  • Judicial Commission of New South Wales, Civil Trials Bench Book, Chapter on Evidence: ; Criminal Trial Courts Bench Book: . In NSW, similar guidance on uniform evidence law can be accessed via the Evidence Chapter of the Civil Trials Bench Book, which applies across both civil and criminal contexts, supplemented for criminal matters by the Criminal Trial Courts Bench Book.

Submission of assessment items

Supplementary assessment

According to the University's Assessment Procedures, supplementary assessment will only be offered to students who satisfy the following eligibility criteria:

  1. A student has been allocated a final mark in the unit of at least 45% and less than 50% inclusive, and/or are within 5% of satisfying a hurdle assessment; AND
  2. The unit undertaken in the final teaching period is the last and only unit required to meet all academic course requirements to enable conferral of a degree.

Artificial intelligence

Students are not permitted to use generative artificial intelligence (GenAI) in any of the assessments for this unit.

The Library Guide provides further information.

Students must apply academic integrity in their learning and research activities at 含羞草视频. This includes submitting authentic and original work for assessments and properly acknowledging any sources used.

Academic integrity involves the ethical, honest and responsible use, creation and sharing of information. It is critical to the quality of higher education. Our academic integrity values are honesty, trust, fairness, respect, responsibility and courage.

含羞草视频 students have to complete the annually to learn about academic integrity and to understand the consequences of academic integrity breaches (or academic misconduct).

含羞草视频 uses various strategies and systems, including detection software, to identify potential breaches of academic integrity. Suspected breaches may be investigated, and action can be taken when misconduct is found to have occurred.

Information is provided in the , , and 含羞草视频 (Student Conduct) Rules 2023. For further advice, visit Study Skills.

Learner engagement

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Inclusion and engagement

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Participation requirements

Notices given in lectures or tutorials will be deemed to be given to the whole cohort.

Class attendance is not compulsory but will be recorded. Preparation for tutorials is expected. 

All students in this unit are expected to provide spoken responses and actively participate in class conversations.

If this expectation creates a barrier for you, please ensure the convenor is notified in writing (either via a Reasonable Accommodation Plan or via email sent before the census date).

Required IT skills

Please ensure you have the appropriate audio equipment and a suitable environment to complete Part B of Assessment 2 (oral component) and to speak aloud in any online classes you attend.

In-unit costs

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Work placement, internships or practicums

This unit involves simulation of professional tasks - providing legal advice and presenting oral argument in a voir dire.

Next step

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