evidence act

Contemporaneous file notes: why have one and what are the requirements?

Contemporaneous file notes are documentary evidence of direct oral contact pertaining to the facts of a conversation, noted as soon as practicable after a conversation has taken place.  Where there is a conflicting claim regarding an oral instruction or conversation, contemporaneous file notes may provide evidence to the Court beyond that of mere hearsay and may protect the interests of the person who made the note if later relied upon in legal proceedings. [Read more…]

Is social media chat log a document in Federal Court?

As a general rule, a party to a proceeding in the Federal Court cannot prove the existence of a fact by producing evidence of a statement which they made out of the Court.  This is known as the hearsay rule and is found at section 59 of the Evidence Act 1995 (Cth) (Act).   One (1) of the exceptions to the hearsay rule is in relation to electronic communications.  This allows a person to rely on the communication to prove it was sent to or from one (1) person at a particular time.  To prove a fact of the statement itself is a bit more complicated. [Read more…]

Can email trackers be submitted as evidence?

Whether email trackers, read receipts and similar indicators that show an email has been received and, ostensibly, read can be submitted as evidence has not been substantially considered in standing jurisprudence.  This article briefly considers whether, in light of existing case law, email trackers can be submitted as evidence. [Read more…]

Can legal privilege be waived by using cloud based document hosting?

It is very common nowadays for businesses to store documents online using document hosting applications such as Dropbox or Google Documents that allow multiple parties to read, open and modify documents from any location in the world.  While using these cloud storage facilities is very convenient, it may pose a problem where a person wants to claim legal professional privilege over the documents they contain. [Read more…]

The importance of evidence and its ubiquity

A fundamental step when preparing for any litigious matter is to gather evidence to support your legal position.  In Queensland, the rules of evidence are located in a number of pieces of legislation, together with a large body of case law.  The focus of this article is to provide a brief overview of evidence and why it is crucial for a party to any civil litigation matter to devote adequate resources to locating it. [Read more…]

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