Evidence Law in Australia

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The law of evidence in Australia operates under a bifurcated system. The majority of Australian jurisdictions have adopted the Uniform Evidence Acts (UEA), based on the Evidence Act 1995 (Cth) and the Evidence Act 1995 (NSW). The UEA is also in force in Victoria (since 2008), Tasmania (2001), the Australian Capital Territory (2011), and the Northern Territory (2013). However, Queensland, South Australia, and Western Australia have not adopted the uniform legislation and continue to apply the common law of evidence, supplemented by local statute. This division creates significant practical differences in the conduct of litigation across Australian jurisdictions, particularly in the treatment of hearsay, tendency and coincidence evidence, and the operation of judicial discretions.

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Evidence Law in Australia

Introduction