Evidence in Queensland Bar Practice
Foundations
Evidence questions reward precision about which statute governs. Queensland runs a hybrid regime: the Evidence Act 1977 (Qld) applies in Queensland courts, while the Commonwealth Evidence Act 1995 applies in federal courts and in proceedings transferred or exercising federal jurisdiction. Know which Act applies before analysing relevance, hearsay or privilege.
Core concepts
- Relevance is the threshold; a fact is relevant if it could rationally affect the assessment of the probability of a fact in issue. Relevance is assessed logically, not by weight.
- Hearsay: in Queensland, out-of-court statements are generally inadmissible as proof of their truth, but the Act preserves many common-law exceptions (res gestae, admissions, dying declarations, statements in public documents, business records).
- Admissions and confessions: voluntariness is the basal requirement; a confession obtained by inducement, oppression or trickery is excluded. The Bunning v Cross and McKinney discretions remain live in Queensland.
- Opinion evidence: lay opinion is confined to matters of common experience; expert opinion requires specialised knowledge, a relevant field, and the basis disclosed.
- Privilege: client legal privilege, without-prejudice communications, public interest immunity, and the sexual assault counselling privilege under the Evidence Act 1977.
- Propensity and similar fact: similar fact evidence is admissible only if it has strong probative value beyond mere tendency.
- Warnings: Longman direction where identification is in issue; Robinson direction for prison informers; corroboration warnings are now discretionary rather than mandatory.
Traps
Questions often blur the two Evidence Acts, assume the uniform hearsay exceptions apply in Queensland, or treat Browne v Dunn as a rule of evidence rather than a fairness rule. Watch for questions where evidence is admissible for a non-hearsay purpose (e.g., to show a statement was made, not its truth).
Rule of thumb
Ask three questions in order: (1) Which Act and court? (2) Is the evidence relevant? (3) If hearsay, does an exception apply, or is it tendered for a non-hearsay purpose? Then consider exclusionary discretions and warnings.