Coming together: First Nations laws and customs in courts
Several recent cases have developed precedent for admitting cultural evidence and accommodating cultural differences for First Nations participants in criminal proceedings.
Navigating the perils of conversation evidence
The Federal Court has examined the ‘usual practice’ of drafting affidavits in NSW and confirmed there is no rule requiring witnesses to use direct speech.
Less-paper practice: Paperless affidavits and expert reports
After 12 years of using less paper, I have identified several reliable rules. Allow people to work with paper without forcing people to work with paper.
The ‘CSI effect’ and admissibility of equivocal DNA evidence
The recent decisions of Dadley v R and Franklin v R consider the effect of unfair prejudice on the admissibility of forensic evidence.
Evaluating witnesses in an online court
Evaluating witnesses and managing sources of bias in an Online Court.
Covert recordings in family law
Consideration of the legality and admissibility of covert recordings in family law proceedings.
High Court: May 2020
Reporting and analysis of the latest key judgments from the High Court of Australia. By DAVID KELSEY-SUGG.
High Court rules on admissibility of evidence in animal cruelty case
The High Court has ruled that some (but not all) evidence obtained at a greyhound training facility is admissible despite being obtained improperly.
Federal Court: February 2020
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.
Federal Court: September 2019
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.
Criminal law: December 2017
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.