Overview
Evidence and Proof examines the statutory and common law principles of the law of evidence and procedure and meets the LPAB requirements for ‘evidence’. This unit explores the concept of a fair trial; proof and adversarialism; evidentiary issues to be addressed prior to trial; evidentiary principles and rules and their exceptions; the bases for privilege; judicial warnings, comment and directions; mandatory and discretionary exclusions; and the limitations on evidence.
Details
Pre-requisites or Co-requisites
Pre-requisite: 48 credit point of Law units including LAWS11057.
Important note: Students enrolled in a subsequent unit who failed their pre-requisite unit, should drop the subsequent unit before the census date or within 10 working days of Fail grade notification. Students who do not drop the unit in this timeframe cannot later drop the unit without academic and financial liability. See details in the Assessment Policy and Procedure (Higher Education Coursework).
Offerings For Term 1 - 2027
Attendance Requirements
All on-campus students are expected to attend scheduled classes - in some units, these classes are identified as a mandatory (pass/fail) component and attendance is compulsory. International students, on a student visa, must maintain a full time study load and meet both attendance and academic progress requirements in each study period (satisfactory attendance for International students is defined as maintaining at least an 80% attendance record).
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Academic Progression Policy and Procedure
- Student Refund and Credit Balance Policy and Procedure
- Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
Feedback, Recommendations and Responses
Every unit is reviewed for enhancement each year. At the most recent review, the following staff and student feedback items were identified and recommendations were made.
Feedback from Self-reflection
Subject content review
Continue to refine content and tutorials for second iteration of the subject in 2026.
Feedback from Students in live tutorials in 2025
Real world examples
Continue to refine and include concurrent examples to exemplify unit content in real world practice.
Feedback from Self-reflection and student comments in live tutorials in 2025
Teaching forensic analysis
Podcasts and materials on thinking forensically - how to consider questions of proof, channels of admission and thinking like an advocate
Feedback from Self-reflection and student comments in live tutorials in 2025
Emphasis on the importance of correct legal method
Creation of material available from Week 1 on how a detailed opinion on evidence should be structured. This will emphasise the need for students to retain what they learned about legal research and legal method in their Year 1 studies. It will (hopefully) provide an outline on where their basic legal skills need to be by no later than Week 6 of the subject.