LAWS13010 - Evidence and Proof

General Information

Unit Synopsis

LAWS13010 Evidence and Proof examines the major features of evidence law and procedure, both statutory and common law, and the major sources of judicial interpretation relevant to a general study of the role, sources and foundation of the law of evidence and a trial procedure, of pre-trial obligations and of rules concerning the burden and standard of proof. Specific topics include: The relevant sources of the law of evidence and procedure; fair trials, proof and adversarialism, including principles underpinning accusatorial justice; Evidentiary issues to be addressed before trial: disclosure, notices and requests; forms of evidence; evidentiary principles and rules, and exceptions to the rules; the bases for privilege including legal professional and client privilege; judicial warnings, comment and directions; and mandatory and discretionary exclusions and the limitations on evidence. This unit meets the LPAB requirements for evidence. This unit also carries content to support Criminal Procedure.


Level Undergraduate
Unit Level 3
Credit Points 6
Student Contribution Band SCA Band 4
Fraction of Full-Time Student Load 0.125
Pre-requisites or Co-requisites

Pre-requisite: 48 credit point of law 

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).

Class Timetable View Unit Timetable
Residential School No Residential School

Unit Availabilities from Term 3 - 2022

Term 3 - 2022 Profile

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).

Assessment Overview

Recommended Student Time Commitment

Each 6-credit Undergraduate unit at CQUniversity requires an overall time commitment of an average of 12.5 hours of study per week, making a total of 150 hours for the unit.

Assessment Tasks

This information will not be available until 8 weeks before term.
To see assessment details from an earlier availability, please search via a previous term.

This is a graded unit: your overall grade will be calculated from the marks or grades for each assessment task, based on the relative weightings shown in the table above. You must obtain an overall mark for the unit of at least 50%, or an overall grade of ‘pass’ in order to pass the unit. If any ‘pass/fail’ tasks are shown in the table above they must also be completed successfully (‘pass’ grade). You must also meet any minimum mark requirements specified for a particular assessment task, as detailed in the ‘assessment task’ section (note that in some instances, the minimum mark for a task may be greater than 50%).

Consult the University’s Grades and Results Policy for more details of interim results and final grades

Past Exams

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Previous Feedback

Term 1 - 2021 : The overall satisfaction for students in the last offering of this course was 4.3 (on a 5 point Likert scale), based on a 29.55% response rate.

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.

Source: Students' comments
Course evaluation survey
Students gave generally positive comments on the course and the manner of delivery. There is however a comment on the timely release of results. It is important to be very clear on when assignments results will be release. This will be done in subsequent offerings.
Action Taken
This was effectively achieved in Term 1 2021 and probably accounts for the high ratings for Term 1 2021.
Source: Unit evaluation data
Students were generally pleased with the timely release of results and comments were made for more notice in relation to final assessment task/take home paper
Efforts should be made to always release assessment results for the first and second assessment tasks within 2 weeks of the deadline and students should be well informed of when assessment results would be available from the outset. Students should also be encouraged to actively participate in the Zoom Workshop sessions.
Action Taken
Source: Email
Lecture recording for students requiring hearing aid.
There was a student who complained about audio quality of recording and identified this as an issue in a few of the units he was taking. All recordings from Term 3 will be accompanied by transcripts to enhance students' accessibility.
Action Taken
Source: Unit evaluation
There was a suggestion for more application to real life situations
The course is already substantially designed to reflect a wide range of real life circumstances of relevance to Evidence Law. There is however room for improvement in this area. Given the very practical oriented nature of the course, future iterations of the course will tilt more towards practical application, real life scenarios and practice-oriented assessments.
Action Taken
Unit learning Outcomes
This information will not be available until 8 weeks before term.
To see Learning Outcomes from an earlier availability, please search via a previous term.