Evidence Law PG (11444.1)

Please note these are the 2025 details for this unit
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Evidence Law PG
Available teaching periods Delivery mode Location
View teaching periods Online
Online real-time
 UC - Canberra, Online
EFTSL Credit points Faculty
0.125 3 Faculty Of Business, Government & Law
Discipline Study level HECS Bands
Canberra Law School Post Graduate Level 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 introduces graduate students to the law of Evidence.
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 for both criminal and civil proceedings. Topics include adversarialism; forms of evidence; evidentiary principles and rules (eg 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).

Learning outcomes

After successful completion of this unit, students will be able to:
1. Explain and analyse the law of evidence as embodied in the Uniform Evidence Law (UEL) in its cultural, social and historical context;
2. Exercise independent judgment in applying the law of evidence in civil and criminal proceedings to solve complex problems, using oral and/or written communication skills;
3. Critique and articulate important policy debates underpinning evidence law and its reform; and
4. Investigate and synthesise complex information in relation to the law of evidence and related law reform proposals.


Graduate attributes

1. UC graduates are professional - communicate effectively
1. UC graduates are professional - display initiative and drive, and use their organisation skills to plan and manage their workload
1. UC graduates are professional - employ up-to-date and relevant knowledge and skills
1. UC graduates are professional - use creativity, critical thinking, analysis and research skills to solve theoretical and real-world problems
1. UC graduates are professional - take pride in their professional and personal integrity
3. UC graduates are lifelong learners - reflect on their own practice, updating and adapting their knowledge and skills for continual professional and academic development
3. UC graduates are lifelong learners - be self-aware


Prerequisites

11751 Legal Methods and Skills G AND 11752 Legal Systems G

Corequisites

None.

Incompatible units

11284 Evidence Law

Equivalent units

7228 Evidence Law G

Assumed knowledge

None.
Availability for enrolment in 2025 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
2024 UC - Canberra, Online Study Block 1 15 January 2024 Online Mr Shane Drumgold
2024 UC - Canberra, Online Study Block 6 21 October 2024 Online Dr Tony Krone
2025 UC - Canberra, Online Study Block 5 01 September 2025 Online real-time Dr Tony Krone
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 timetable.

Required texts

Prescribed text:

Hum, Fiona, Gregor Urbas and Ottavio Quirico, Australian Uniform Evidence Law (Cambridge University Press, 2nd ed, 2022) - there is limited online access to an electronic copy of this text available via the University Library and a link is provided in the Reading List on the Canvas site

Other recommended text with additional in-depth coverage - it is not suggested that you require these texts:

  • Stephen Odgers, Uniform Evidence Law (Thomson Reuters, Lawbook Co., 17th ed, 2022) - This is an annotated version of the Uniform Evidence Law (UEL) legislation widely used by legal practitioners and courts. It incorporates the Commonwealth, ACT, NSW, NT, and Victorian Acts. Earlier versions of the Odgers text might be obtained second-hand and while not as up to date could provide helpful additional coverage to the prescribed text. - The 2020 15th edition is available in e-copy format from the library via the Reading List on Canvas - while not the latest version this is a useful resource for this unit. 

Other resources:

  • Students must have access to an up-to-date copy of the UEL legislation e.g. the Evidence Act 2011 (ACT), as this will be referred to extensively in lectures, tutorials, and assessment. This can be accessed for free online - access information will be provided via Canvas.
  • Students may also access an online version of Cross on Evidence via Lexis Advance from the University Library website.

Students must apply academic integrity in their learning and research activities at UC. 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.

UC students have to complete the Academic Integrity Module annually to learn about academic integrity and to understand the consequences of academic integrity breaches (or academic misconduct).

UC 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 Academic Integrity Policy, Academic Integrity Procedure, and University of Canberra (Student Conduct) Rules 2023. For further advice, visit Study Skills.

Participation requirements

Participation is expected for tutorials as scheduled. Notices given in lectures and tutorials will be deemed to be given to the whole class.

Required IT skills

Word-processing and use of Canvas.

This unit may involve online meetings in real-time using the Virtual Room in your UCLearn teaching site. The Virtual Room allows you to communicate in real-time with your lecturer and other students. To participate verbally, rather than just typing, you will need a microphone. For best audio quality we recommend a microphone and speaker headset. For more information and to test your computer, go to the Virtual Room in your UCLearn site and 'Join Course Room'. This will trigger a tutorial to help familiarise you with the functionality of the virtual room.

Students will need to record and upload a short audio-visual recording for the moot assessment. This should be possible using a mobile phone or computer with audio-visual recording capacity.

Work placement, internships or practicums

This unit involves simulation of professional tasks - providing legal advice and presenting oral arguments (by way of a moot court presentation).

Next step

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