Bodily autonomy as a ‘lawful interest’: what Potter means for NSW practitioners
By elevating bodily integrity and personal safety within the analysis, the High Court has provided fresh guidance on a recurring evidentiary issue.
Mind over matters: how neuroscience is changing the law
“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…
The latest from the High Court: June 2016
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
The latest from the High Court: May 2016
Reporting and analysis of the latest key judgments from the High Court of Australia. By ANDREW YUILE.
Eyewitness accuracy: the misinformation effect
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…
Opinion evidence or direct evidence of fact?
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…
The latest from the High Court: November 2015
Reporting and analysis of the latest key judgments from the High Court of Australia. By THOMAS HURLEY.
Tweets, texts, forged emails and changing webpages: emerging issues and practical examples (part two)
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….
Tweets, texts, forged emails and changing web pages: the admissibility of electronic evidence (part one)
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…