Class Notes (838,386)
Australia (1,845)
Law (441)
JSB171 (400)
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Jurisdiction • Commonwealth courts governed by Evidence Act 1995 (Cth) (CEA) (Federal Magistrates Court | Federal Court | Family Court | High Court) o Tribunals bound by rules of evidence (except AAT) o Not a code, where there are gap go to state evidence law o Where gaps in state evidence law, go to common law: s79 Judiciary Act 1903 (Cth) • State courts o exercising state jurisdiction—Evidence Act 1977 (Qld)  common law where gap in act  other statutes eg. UCPR  s5 CEA states that the Uniform Evidence Rules are to apply in some very limited circumstances Provisions Subject matter Subsection 70(2) Evidence of tags and labels in Customs prosecutions and Excise prosecutions Section 143 Matters of law Section 150 Seals and signatures Section 153 Gazettes and other official documents Section 154 Documents published by authority of Parliaments etc Section 155 Official records Section 155A Commonwealth documents Section 157 Public documents relating to court processes Section 158 Evidence of certain public documents Section 159 Official statistics Section 163 Proof of letters having been sent by Commonwealth agencies Section 182 Commonwealth records, postal articles sent by Commonwealth agencies and certain Commonwealth documents o exercising federal jurisdiction  State evidence law applies unless CEA provides otherwise  s79 Judiciary Act 1903 (Cth)  Same as state courts exercising state jurisdiction Andrew Trotter LWB432 Evidence Sources of the Law of Evidence Court Tribuna Qld Cth Qld Cth -Court of Appeal -High Court -Supreme Court -Federal Court -District Court -Magistrates Court -Family
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