http://www.austlii.edu.au/au/cases/cth/FCA/2012/221.html

EVIDENCE – Evidence Act 1995 (Cth) ss 135, 136 167(a), 169 and 192A – reasonable request – for the purpose of determining a question that relates to a previous representation – implied representation which might be relevant for the purposes of the proceedings – representation might be relied on for hearsay purpose – failure or refusal to comply with request – without reasonable cause – general discretion to exclude or limit use of evidence – unfair prejudice – framing of limitation order

http://www.austlii.edu.au/au/cases/nsw/NSWSC/2011/1388.html

CRIMINAL LAW – interlocutory proceedings – s 192A Evidence Act 1995 – advanced rulings and findings – admissibility and use of evidence
CRIMINAL LAW – particular offences – offences against the government – conspiracy to defraud the Commonwealth – s 29D and s 86(1) Crimes Act 1914 – s 135.4(5) Criminal Code Act 1995

http://www.austlii.edu.au/au/cases/act/ACTSC/2011/198.html

EVIDENCE – witnesses – unfavourable witnesses – advanced rulings on whether leave should be given to cross-examine witnesses.

EVIDENCE – witnesses – unfavourable witnesses – test for granting leave to cross-examine witnesses.

Evidence Act 1995 (Cth), ss 11, 38, 41, 55, 135, 137, 192, 192A

http://www.austlii.edu.au/au/cases/act/ACTCA/2010/28.html

PRACTICE AND PROCEDURE – whether a decision by a single judge of the Court not to rule certain evidence inadmissible one year before the trial is an “interlocutory order” within s 37E(4) of the Supreme Court Act 1933 (ACT) and thus susceptible to an application for leave to appeal from that decision before final judgment is delivered – in the circumstances of the present case, the decision of the primary judge not to exclude evidence in advance of the trial held not to be “an interlocutory order” within s 37E(4) – application for leave to appeal incompetent – even if, contrary to the Court’s conclusion, the application for leave to appeal in the present case was competent, leave to appeal should be refused – application dismissed with costs

Evidence Act 1995 (Cth), s 4, s 192A

http://www.austlii.edu.au/au/cases/cth/FCA/2010/1010.html

TRADE PRACTICES – s 52 of Trade Practices Act 1974 (Cth) – misleading and deceptive conduct – alleged misrepresentations made in oral discussions – representations contrary to statements made in formal written documents – necessity to look at whole course of conduct – representations either not made or not misleading or deceptive having regard to whole course of conduct – no reliance on representations – no loss or damage caused to applicants

TRADE PRACTICES – s 51AC of Trade Practices Act 1974 (Cth) – respondent alleged to have engaged in unconscionable conduct – unconscionable conduct involves a high level of moral obloquy or is highly unethical – no unconscionable conduct established on facts

TRADE PRACTICES – s 51AD of Trade Practices Act 1974 (Cth) – breach of industry code – franchising code of conduct – no failure to comply with franchising code of conduct – no breach of legislation

CONTRACTS – breach of contract – representations alleged to be warranties of a contract collateral to formal written contract – such representations not made or not breached – no repudiation by respondent of formal written contract

EVIDENCE – tendency evidence – amendments to Evidence Act 1995 (Cth) – evidence only admissible if it will have significant probative value – evidence sought to be adduced was not admissible under tendency rule

TRUSTS – trustee remains personally liable even if documents were signed as trustee

Evidence Act 1995 (Cth) ss 57, 95, 97, 192A

[2009] FCA 1306
EVIDENCE – whether hearsay evidence of statements by persons overseas should be permitted – the extent to which the proposed evidence was first hand or more remote hearsay – no independent evidence corroborating any hearsay version – whether undue prejudice to the respondent.

PRACTICE AND PROCEDURE – application to take evidence by video link – requirement to make out a case for such an order where it is opposed – discussion of the possible difficulties associated with video evidence.

PRACTICE AND PROCEDURE – security for costs – consideration of application for further security.

Evidence Act 1995 (Cth) ss 59(1), 62, 63, 64, 67, 68, 75, 135, 136, 192, 192A

[2009] FCA 1075

EVIDENCE – whether the Court should exercise its discretion pursuant to s 192A of the  Evidence Act 1995  (Cth) to rule on the admissibility of evidence in advance of that evidence being adduced – ruling made

PRACTICE AND PROCEDURE – whether the Australian Competition and Consumer Commission should be released from the implied undertaking attributed to it in respect of documents produced using the compulsory processes of the Court – three sets of proceedings to be heard together – leave granted to use documents in all three actions

PRIVILEGE – whether investigative accountant’s reports and associated calculations prepared for settlement negotiations and a mediation are protected from being adduced in evidence by s 131(1) of the Evidence Act 1995 (Cth) – meaning of expression “in connection with” in s 131(1) – documents prepared for the purposes of settlement are protected – documents ruled inadmissible

Evidence Act 1995  (Cth), ss 69, 76, 79, 131, 192A

[2002] HCA 46

Criminal law – Conviction – Aggravated indecent assault – Aggravated indecency – Matters connected with conduct of defence – Failure of defence counsel to call character evidence – No application for voir dire – Whether tactical decision of defence counsel not to call character evidence constituted a miscarriage of justice where that evidence may have been excluded – Chance of acquittal “fairly open” not lost.

Criminal law – Appeal – Practice and procedure – “On any other ground whatsoever” – Allegation defendant not competently or adequately represented – Tactical decision at trial – Whether forensic advantage – Informed and deliberate decision – No miscarriage of justice.

Criminal law – Appeal – Circumstances in which conduct of legal practitioners can provide grounds for appeal – Relevant principles.

Criminal law – Jurisdiction – Trial judge – “Advance ruling” – Whether required by  Evidence Act 1995  (NSW) – Whether within implied powers of District Court – Power to conduct voir dire to make “advance ruling”.

Words and Phrases – “fairly open”, “on any other ground whatsoever”, “advance ruling”.

Evidence Act 1995  (NSW), ss 55, 110, 135, 136, 137, 189, 192.