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Sections 118 and 119 of the 'Evidence Act 1995' (Cth) provide that confidential communications created for the dominant purpose [9] of providing legal advice or litigation are protected from disclosure to federal courts.
The Evidence Act 1995 (Cth) and identical provisions in the Evidence Act 1995 of NSW and Tasmania now control when privilege prevents evidence is adduced during trial in any court (as defined by a proceeding bound by the laws of evidence). The rules of court in NSW extends the definitions in the Evidence Act to discovery and inspection of ...
In Australia the rule in Browne v Dunn overlaps with section 46 of the Evidence Act 1995 (NSW) and Evidence Act 1995 (Cth). In New Zealand it has been codified as section 92 of the Evidence Act 2006.
At first instance, Foster J held that the correct test that applied to the discovered documents was the 'sole purpose' test in Grant v Downs; rather than the 'dominant purpose' test as set out in ss118 and 119 of the Evidence Act 1999 (Cth). [4] Foster J's finding was upheld by the Full Federal Court by Black CJ, Sundberg and Finkelstein JJ.
Evidence Act (with its variations) is a stock short title used for legislation in Australia, India, Malaysia and the United Kingdom relating to evidence. The Bill for an Act with this short title will have been known as a Evidence Bill during its passage through Parliament .
Evidence Act 1905 1905 (No. 4) Yes (as made) Evidence Act 1995 1905 (No. 2) Yes (as amended) Evidence and Procedure (New Zealand) Act 1994 1994 (No. 111) No Excess Exploration Credit Tax Act 2015 2015 (No. 17) Yes (as made) Excise Act 1901 1901 (No. 9) Yes (as amended) Excise Amendment (Compliance Improvement) Act 2000
Among other things, the Trade Marks Act defines trade marks (including certification marks and collective marks), what constitutes trademark infringement and defences and exceptions thereto, and (together with the Trade Marks Regulations 1995 (Cth)) sets out procedures for registration and other proceedings before the Registrar of Trade Marks.
The law concerning hearsay in civil proceedings was reformed substantially by the Civil Evidence Act 1995 [12] ("the 1995 Act") and is now primarily upon a statutory footing. The Act arose from a report of the Law Commission published in 1993 [13] which criticised the previous reforming statutes' excessive caution and cumbersome procedures ...