Sections 1-12  

 

CHAPTER 1: PRELIMINARY

Part 1.2: Application of this Act

 

Section 4: Courts and proceedings to which Act applies


Anstee v Coltis Pty Ltd (t/as Fibre-King Home Insulation)
NSW Compensation Ct (Neilson J) 22.11.1995
Evidence Act 1995 (NSW) s.4(1)(b)- client legal privilege - production on subpoena - claim of privilege - interlocutory proceedings or proceedings of a similar kind - whether privilege is applicable in interlocutory proceedings pre-trial
Held: wide definition of interlocutory adopted - 'given provisionally in a legal action' - documents privileged and party not obliged to produce

Davies
NSW CCA 1.12.1995
Evidence Act 1995 (NSW) s.4
Held: Act applies to primary sentencing Court or perhaps appellate Court in the exceptional position of having to find facts for itself

Lane v The Queen
Fed Ct (ACT) 16.5.1996
Evidence Act 1995 (Cth) s.4(1) - commencement of Evidence Act 1995 (Cth) - 'hearing of which began' - hearing of criminal trial upon indictment begins at time of arraignment - R v Pearson (NSW CCA 5.3.1996) followed

Lewis
NSWSC (Dowd J) 25.10.1996
Evidence Act 1995 (NSW) ss.4(2) & 4(4) - whether Act applies to sentencing hearings.
Held: same rules of evidence should apply at a sentence consequent on a trial conducted under Act - in interests of justice Act should apply

Decker v State Coroner of NSW
(1999) 46 NSWLR 415; NSWSC (Adams J) [369] 22.4.1999
Evidence Act 1995 (NSW) s.4(1) - inquest into Thredbo landslide - geologist refused to give evidence on grounds it might incriminate him - Coroner refused to issue certificate under s.128 Evidence Act.
Held: Act does not apply to proceedings in the Coroner's Court - not a court created by parliament. 
 
Hannes v DPP (Cth) No.2
[2006] NSWCCA 373
Evidence Act 1995 (NSW) s.4 - insider trading and financial transaction offences - executive director of company used confidential information to purchase share options - Commonwealth offences - application of Evidence Act - financial transaction offences require Crown establish "reasonable to conclude accused conducted transactions for dominant purpose of avoiding significant cash transaction" - whether inconsistent with s.141 standard of proof beyond reasonable doubt.
Held: Evidence Act does not apply pursuant to s.4 - court exercises federal jurisdiction under s.68(2) Judiciary Act - Evidence Act applies only by virtue of s.79 Judiciary Act - s.141 does not apply and does not overturn standard of proof set down in Federal Transaction Reporting Act.
 

TS v Constable Courtney James
[2014] NSWSC 984, Adamson J
Evidence Act 1995 (NSW) s.4(1) – application for forensic procedures
Held: Evidence Act applies to such hearings – civil not criminal proceedings

 

 
 

 

Section 11: General Powers of a Court


Too
NSWSC (Badgery-Parker J) 26.7.1996
Evidence Act 1995 (NSW) s.11 - power of court to order evidence be taken via video link - statutory authorisation
Held: legislature did not intend that ordinary manner of giving evidence be departed from unless exceptional circumstances - s.11 and 26 do not create general power to control manner of giving evidence - possibility of orders by consent under s.184 - evidence taken on commission under Evidence on Commission Act 1995 (NSW) - admissibility not determined at this stage