10 Methods of Gathering Evidence

Grounds of privilege see evidence act 2008 vic client

Info icon This preview shows pages 12–19. Sign up to view the full content.

View Full Document Right Arrow Icon
Grounds of privilege (see Evidence Act 2008 (Vic)) Client legal privilege Privilege against self-incrimination Privilege against exposure to penalties & forfeiture Public interest Evidence of settlement negotiations Religious confession privilege
Image of page 12

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Test for Client Legal Privilege s 119, Evidence Act 2008 Communication which is made for the dominant purpose of obtaining legal services in existing or anticipated litigation in Australia or overseas Esso v Commissioner of Taxation (1999 HCA) Communication which is made predominantly for the purpose of obtaining legal advice or use of a lawyer in existing or anticipated litigation i.e. “dominant purpose” test 13
Image of page 13
What is a document? Interpretation of Legislation Act 1984 (Vic) s 38 "document" includes, in addition to a document in writing— (a) any book, map, plan, graph or drawing; (b) any photograph; (c) any label, marking or other writing which identifies or describes anything of which it forms part, or to which it is attached by any means whatsoever; (d) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; (e) any film (including microfilm), negative, tape or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and (f) anything whatsoever on which is marked any words, figures, letters or symbols which are capable of carrying a definite meaning to persons conversant with them;
Image of page 14

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
What is a Document? cont. Broad enough to cover information stored on computers. Includes deleted emails that may still be stored on a back up system: Sony Music Entertainment (Aust) Ltd v University of Tasmania [2003] FCA 724. Court may order a forensic expert be given access to a party’s computer for purpose of retrieving documents.
Image of page 15
Scope of discovery at common law Compagnie Financiere et Commerciale de Pacifique v Peruvian Guano Co (1882) (Eng CA) Documents that would be evidence upon any issue in the case. Documents that would advance the case of the party seeking discovery. Documents that would damage the case of the party giving discovery. Documents which could lead to a train of inquiry which might advance or damage the case of the party giving discovery
Image of page 16

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Scope of Discovery under r. 29.01.01 r. 29.01.01(3) ... the documents required to be discovered are any of the following documents of which the party giving discovery is, after a reasonable search , aware at the time discovery is given- (a) documents on which the party relies; (b) documents that adversely affect the party's own case; (c) documents that adversely affect another party's case; (d) documents that support another party's case.
Image of page 17
Scope of Discovery under r. 29.01.01 But discovery not required – If party giving discovery reasonably believes the document is already in the possession of the party to which discovery is given – r 29.01.1(4)(a) Additional copies of documents already discoverable – r 29.01.1(4)(b)
Image of page 18

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 19
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern