Paperless practice 3: Marshalling documentary evidence without paper
Electronically stored information is valuable documentary evidence because of its content, and it is marshalled in a variety of formats.
Electronically stored information is valuable documentary evidence because of its content, and it is marshalled in a variety of formats.
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.
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.
Reporting and analysis of the most recent notable decisions of the NSWSC and NSWCCA. By THOMAS SPOHR.
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.
“It wasn’t me, it was my brain.” The rate of neuroscientific evidence being mentioned in US court cases doubled between 2005 and 2012. While still…
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
The misinformation effect occurs when an eyewitness subsequently reads or hears information about the witnessed event that is inaccurate and unwittingly incorporates it into his…
The case of Haidari v R [2015] NSWCCA 126 raised questions of what is opinion evidence and what is evidence of fact. By CAROLINA LEWIN…
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.
The first article of this two-part series considered general admissibility issues relating to electronically stored information (ESI) under the Evidence Act NSW and tips to overcome objections….
There is rarely a civil case in which an email, text, Facebook entry or webpage snapshot doesn’t feature, yet electronic evidence is often tendered without…