Australian Uniform Evidence Law

This chapter explains the sections of the Act and the principles of common law concerning competence and compellability of witnesses and how evidence can be adduced from witnesses. Adducing evidence, in contrast to admitting evidence, refers to the witness giving evidence in court. Generally, our adversarial system favours witnesses giving oral evidence as opposed to any other form. This chapter also discusses certain categories of witnesses who are called to give evidence (complainants in sexual assault and rape cases, children, and people who are cognitively impaired) and the special arrangements that have been introduced to alleviate any disadvantage when such witnesses give evidence. The chapter then focuses on one of the most important aspects of our adversarial system – the proving of facts by having witnesses give oral evidence. In court, witnesses are often examined in three stages: examination-in-chief, cross-examination and re-examination. The chapter explains the rules pertaining to refreshing memory in and out of court and the rule in Browne v Dunn. Finally, it briefly considers adducing documents and other types of evidence.