Case law

Take a look back over the judgments delivered by the High Court of Australia in 2018.

The following Subtitles are now updated and available on Westlaw AU: Update 338: Family Law 17.10 “Child Welfare”; Family Law 17.15 “Valuation of Property and Tax and Revenue Issues” Ch 11; Intellectual Property 23.5 “Plant Breeder’s Rights” Update 339: Bankruptcy 3.19 “Cross-border...

The twilight zone for SA Industrial Relations Court proceedings post-dissolution

Insight into sections 38, 46, 55, 57, 66, 69, 77, 91, 97, 98, 101, 108C, 128, 137, 140, 141, 160, 174 and 190 of the Uniform Evidence Acts with particular reference to unfavourable witnesses, the drawing of inferences suggested by a party that failed to cross-examine a witness...

Insight into sections 13, 37, 42, 79, 97, 98, 146 and 165 of the Uniform Evidence Acts with particular reference to the determination of competence at the time of the adduction of evidence, the giving of retrospective leave for leading questions, the two stage approach to disallow...

Insight into sections 32, 38, 69, 87, 90, 110, 122, 128, 136, 137 and 138 of the Uniform Evidence Acts with particular reference to the use of documents to revive memory, leave to cross-examine, the authority to make admissions, the discretion to exclude admissions, adducing evidence...

Our FirstPoint writers summarise the significance of the High Court of Australia's decision on the David and Goliath defamation battle between Milorad Trkulja and Google LLC.

Evidentiary issues pertaining to assessing speed in motor vehicle accidents

Compliance with s 80 of the Transport Operations (Road Use Management) Act 1995: illegally obtained evidence; Appeal against sentence: error in understanding the facts of the offence

Insight into sections 9, 18, 38, 90, 97, 101, 122, 137 and 138 of the Uniform Evidence Acts with particular reference to the application of common law, the right to object, questioning witnesses about matters relevant only to their credibility, the discretion to exclude admissions...

Insight into sections 46, 48, 69, 118, 128, 130, 131A, 135 and 137 of the Uniform Evidence Acts with particular reference to a failure to challenge the honesty and credibility of a complainant, admissibility not being dependent on a document being an exact copy, the distinction...