Advanced Evidence (LAWS70071)
Graduate coursework level 7Points: 12.5Not available in 2025
About this subject
Overview
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In the preparation and conduct of litigation no area of law is more important than the law of evidence. Advanced Evidence aims to provide students with an enhanced understanding of the law of evidence. This subject focuses on key provisions of the uniform evidence legislation, which now operates in all Commonwealth, Victorian, New South Wales, Tasmanian, Australian Capital Territory and Northern Territory courts, and primarily examines the law of evidence in the context of criminal proceedings, where it is is strictly applied. Students can expect to refresh, deepen and develop their understanding of the factual, legal and policy issues associated with the law of evidence and to learn to analyse the admissibility of evidence at an advanced level
This subject is primarily based on a detailed examination of those rules of evidence regarding admissibility that are of particular significance in trials, especially criminal trials.
Principal topics may include:
- Relevance
- Hearsay evidence
- Opinion evidence
- Admissions
- Tendency and coincidence evidence
- Credibility evidence
- Identification evidence
- Discretionary and mandatory exclusion of evidence.
Note: this is a highly technical subject taught at an advanced level. It is only recommended for students with a law background.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an enhanced understanding of the role played by the law of evidence in criminal proceedings and have a good understanding of the scope and operation of the uniform evidence legislation
- Be able to identify the factual, legal and policy issues associated with each of the categories of evidence selected for study
- Be able to analyse such evidence from a factual, a legal and a policy perspective, at an advanced level.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Admission into a relevant Melbourne Law Masters program
OR
An undergraduate or JD degree in law.
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Assessment 1: Class participation | Throughout the teaching period | 5% |
Assessment 2, Option 1: Take-home examination
| 27 - 30 November | 95% |
Assessment 2, Option 2: Research paper on a topic approved by the subject coordinator
| 13 January 2021 | 95% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
Not available in 2025
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
This subject contributes to the following:
Type Name Course Master of Commercial Law Course Graduate Diploma in Dispute Resolution Course Master of Laws Course Master of Public and International Law - Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required prior to enrolment, or for further information about the pre-requisites for Community Access Program study, please contact us:
- prospective CAP student enquiries;
- existing CAP student enquiries (if you have a current Unimelb login).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025