Course Title: Law of Evidence

Part A: Course Overview

Program: C6070

Course Title: Law of Evidence

Portfolio: BUS

Nominal Hours: 51.0

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Course Code




Learning Mode

Teaching Period(s)


City Campus


650T TAFE Business


Term1 2008,
Term1 2009,
Term1 2010

Course Contact: John Marshall

Course Contact Phone: +61 3 9925 5453

Course Contact Email:

Course Description

This module covers concept and nature of evidence, standard and burden of proof, no case to answer submissions, examination of witnesses, relevance of evidence, hearsay evidence, competence and compellability of witness, opinion evidence, evidence of character, corroboration, preparation for trial and Evidence Act 1995 (Commonwealth).

Pre-requisite Courses and Assumed Knowledge and Capabilities

LAW5040 Legal Process [VBM898]

National Competency Codes and Titles

National Element Code & Title:

VBM897 Law Of Evidence

Learning Outcomes

1. Analyse and define the concept and general nature of evidence, and illustrate the different types of evidence and court procedures relating to evidence.
2. Determine and analyse the standard of proof and burden of proof in civil and criminal cases, and specify types of presumptions.
3. Define and assess a ‘no case to answer’ submission to the court and examine the grounds of making such a submission.
4. Analyse and evaluate the rules governing examination in chief, cross examination and re-examination, and establish the procedures in the conduct of a civil or criminal trial.
5. Analyse the rule relating to relevance of evidence.
6. Identify hearsay evidence and determine the rule excluding hearsay evidence and the exceptions to that rule.
7. Determine the rules relating to competence and compellability of witnesses in relation to case study material.
8. Determine the rule excluding opinion evidence as applied to case studies.
9. Determine and assess the rules of evidence relating to the character of an accused person in relation to case study material.
10. Assess and determine the circumstance under which corroborating evidence is required.
11. Determine and evaluate the main considerations to be exercised by a legal practitioner when preparing a case for trial.
12. Determine and evaluate the structure and provisions of the Evidence Act 1995 (Cth)

Overview of Assessment

Assessment will consist of written tests and an assignment.