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Evidence

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 / Comments Off on Admissions: weight?

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 / Comments Off on Assumptions made by experts – proof of the truth of statements made and objections

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Valuation evidence: the requirements for admissibility

By robert / July 12, 2017 / Comments Off on Valuation evidence: the requirements for admissibility
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The evidentiary status of photographs

By robert / February 8, 2017 / Comments Off on The evidentiary status of photographs

 

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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 / Comments Off on Proof to the civil standard

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

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Tendency evidence

By Robert Sheldon / April 15, 2016 / Comments Off on Tendency evidence

 

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Jones v Dunkel

By Robert Sheldon / March 14, 2016 / Comments Off on Jones v Dunkel

S S Pharmaceuticals v Qantas [1991] 1 Lloyd’s Rep 288 at 293, Gleeson CJ and Handley JA said: Where the inference of greater fault is open on the evidence we see no difficulty in drawing that more adverse inference where the defendant fails to call evidence. As Mr Justice Rich (who was part of the…

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The unreliability of evidence in chief adduced in written form

By Robert Sheldon / March 14, 2016 / Comments Off on The unreliability of evidence in chief adduced in written form
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