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Proving fraud

By robertsheldon / February 24, 2021 / Comments Off on Proving fraud

Musa v Alzreaiawi [2021] NSWCA 12 It is not in dispute that the primary judge correctly held that s 140(2) of the Evidence Act applied to the proceedings with the consequence that when determining whether her Honour was satisfied of Mr Musa’s case on the balance of probabilities, she was to take into account from a non-exhaustive list of matters:…

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Rusu was incorrectly decided

By robertsheldon / October 1, 2020 / Comments Off on Rusu was incorrectly decided

Gregg v R [2020] NSWCCA 245 As I have stated, the trial judge also concluded, relying on the decision in Rusu (National Australia Bank Ltd v Rusu (1999) 47 NSWLR 309; [1999] NSWSC 539), that s 48(1) of the Evidence Act merely prescribes the means of adducing evidence of the contents of a document and leaves untouched questions of authenticity. It is not…

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State of mind and implied waiver of client legal privilege

By robertsheldon / May 22, 2020 / Comments Off on State of mind and implied waiver of client legal privilege

when is a party’s state of mind sufficiently in issue for legal advice potentially informing that state of mind to be disclosable as having lost privilege by implied waiver

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Legal professional privilege: dominant versus secondary purpose

By robertsheldon / September 14, 2019 / Comments Off on Legal professional privilege: dominant versus secondary purpose

DOUGLAS v MORGAN [2019] SASCFC 76 Legal professional privilege 41 Legal professional privilege “is a rule of substantive law which may be availed of by a person to resist the giving of information or the production of documents which would reveal communications between a client and his or her lawyer made for the dominant purpose…

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Admissions: weight?

By robert / February 9, 2018 /

EVIDENCE – whether respondent had made admission as to appellants’ right to immediate possession – probative value of admission made– whether inference should be drawn from respondent’s failure to give evidence at trial

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Assumptions made by experts – proof of the truth of statements made and objections

By robert / October 26, 2017 /

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Valuation evidence: the requirements for admissibility

By robert / July 12, 2017 /
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The evidentiary status of photographs

By robert / February 8, 2017 /


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Circumstantial case: the fact finding process

By robert / February 3, 2017 /

The Nominal Defendant v Cordin [2017] NSWCA 6 In the present case there was a great deal of contemporaneous evidence that assisted in the task of ascertaining what happened in the accident. The trial judge considered this evidence in some detail but the approach he took was to consider each piece of evidence individually to…

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Proof to the civil standard

By robert / October 28, 2016 /

Chen v State of New South Wales (No 2) [2016] NSWCA 292

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