Overview
Evidence and Proof examines the statutory and common law principles of the law of evidence and procedure and meets the LPAB requirements for ‘evidence’. This unit explores the concept of a fair trial; proof and adversarialism; evidentiary issues to be addressed prior to trial; evidentiary principles and rules and their exceptions; the bases for privilege; judicial warnings, comment and directions; mandatory and discretionary exclusions; and the limitations on evidence.
Details
Pre-requisites or Co-requisites
Pre-requisite: 48 credit point of Law units including LAWS11057.
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).
Offerings For Term 1 - 2026
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).
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.
Class Timetable
Assessment Overview
Assessment Grading
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.
All University policies are available on the CQUniversity Policy site.
You may wish to view these policies:
- Grades and Results Policy
- Assessment Policy and Procedure (Higher Education Coursework)
- Review of Grade Procedure
- Student Academic Integrity Policy and Procedure
- Monitoring Academic Progress (MAP) Policy and Procedure - Domestic Students
- Monitoring Academic Progress (MAP) Policy and Procedure - International Students
- Student Refund and Credit Balance Policy and Procedure
- Student Feedback - Compliments and Complaints Policy and Procedure
- Information and Communications Technology Acceptable Use Policy and Procedure
This list is not an exhaustive list of all University policies. The full list of University policies are available on the CQUniversity Policy site.
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.
Feedback from Self-reflection
Subject content review
Continue to refine content and tutorials for second iteration of the subject in 2026.
Feedback from Students in live tutorials in 2025
Real world examples
Continue to refine and include concurrent examples to exemplify unit content in real world practice.
Feedback from Self-reflection and student comments in live tutorials in 2025
Teaching forensic analysis
Podcasts and materials on thinking forensically - how to consider questions of proof, channels of admission and thinking like an advocate
Feedback from Self-reflection and student comments in live tutorials in 2025
Emphasis on the importance of correct legal method
Creation of material available from Week 1 on how a detailed opinion on evidence should be structured. This will emphasise the need for students to retain what they learned about legal research and legal method in their Year 1 studies. It will (hopefully) provide an outline on where their basic legal skills need to be by no later than Week 6 of the subject.
- Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios.
- Conduct research, critically analyse sources and compare evidence law from multiple sources.
- Critically evaluate and reflect upon ethical issues which may arise in the context of applying evidence law in practice.
- Critically reflect upon cross cultural perspectives which may arise in the context of the implementation of evidence law in practice, including issues relating to Aboriginal & Torres Strait Islander peoples.
Alignment of Assessment Tasks to Learning Outcomes
| Assessment Tasks | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Online Quiz(zes) - 20% | ||||
| 2 - Written Assessment - 30% | ||||
| 3 - Examination - 50% | ||||
Alignment of Graduate Attributes to Learning Outcomes
| Graduate Attributes | Learning Outcomes | |||
|---|---|---|---|---|
| 1 | 2 | 3 | 4 | |
| 1 - Communication | ||||
| 2 - Problem Solving | ||||
| 3 - Critical Thinking | ||||
| 4 - Information Literacy | ||||
| 5 - Team Work | ||||
| 6 - Information Technology Competence | ||||
| 7 - Cross Cultural Competence | ||||
| 8 - Ethical practice | ||||
| 9 - Social Innovation | ||||
| 10 - First Nations Knowledges | ||||
| 11 - Aboriginal and Torres Strait Islander Cultures | ||||
Textbooks
Queensland Evidence Law
6th Edition (2022)
Authors: David Field, William van Caenegem and Clair Duffy
LexisNexis
Chatswood Chatswood , NSW , Australia
ISBN: 9780409355338
Binding: Paperback
IT Resources
- CQUniversity Student Email
- Internet
- Unit Website (Moodle)
All submissions for this unit must use the referencing style: Australian Guide to Legal Citation, 4th ed
For further information, see the Assessment Tasks.
k.viglianti@cqu.edu.au
Module/Topic
Introduction: Nature and Sources of Evidence law
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 1.
Events and Submissions/Topic
Module/Topic
Relevance and Admissibility
Presumptions
Judicial Notice
Judicial Discretion
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapters 1 & 2.
Events and Submissions/Topic
Module/Topic
Methods of Proof
Competence and Compellability
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapters 3, 4 & 5.
Events and Submissions/Topic
Module/Topic
Oral Evidence
Privilege
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapters 5 & 6.
Events and Submissions/Topic
Assessment # 1 (Online Quiz) due by 31 March 2026.
Quiz Due: Week 4 Tuesday (31 Mar 2026) 11:59 pm AEST
Module/Topic
Examination of Witnesses
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 6.
Events and Submissions/Topic
Module/Topic
The Rule against Hearsay
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 9.
Events and Submissions/Topic
Assessment # 2 (Major Assignment) due 17 April 2026.
Written Assessment Due: Week 6 Friday (17 Apr 2026) 11:59 pm AEST
Module/Topic
Break Week
Chapter
Events and Submissions/Topic
Module/Topic
Exceptions to the Hearsay Rule
(Common Law, Statutory, Res Gestae)
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapters 9 & 10.
Events and Submissions/Topic
Module/Topic
Admissions and Confessions
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 12.
Events and Submissions/Topic
Module/Topic
Documentary and Real Evidence
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 3.
Events and Submissions/Topic
Module/Topic
Circumstantial and Character Evidence
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapters 3 & 8.
Events and Submissions/Topic
Module/Topic
Opinion Evidence
Chapter
David Field, Queensland Evidence Law (LexisNexis Butterworths, 5th ed, 2020), Chapter 11.
Events and Submissions/Topic
Module/Topic
Criminal Procedure and Evidence
Chapter
The textbook does not include material on this week’s topics.
For this week, you should listen to the podcasts on Moodle and read the Week 12 Study Guide - relevant cases and legislation are referred to in that.
Events and Submissions/Topic
Module/Topic
In person examination.
Chapter
Events and Submissions/Topic
Module/Topic
Chapter
Events and Submissions/Topic
Extensions on assessments of more than 14 days will need to be approved by the Deputy Dean of Learning and Teaching. Since the subject forms part of the formal accreditation requirements for admission as a legal practitioner, students must sit the mandatory invigilated formal examination as part of the inherent subject requirements to qualify for admission.
1 Online Quiz(zes)
Students are required to complete a series of online multiple-choice questions. Students will be quizzed on any topics that have been covered in topics in Weeks 1 to 4.
The quiz will be made available from 9:00 am on Monday, 30 March 2026. You must submit your answers to the quiz by 11:59 pm on Wednesday, 31 March 2026. Please note that the quiz is only open for 60 minutes once you commence it (e.g. if you commence at 9.00am on Monday, you must submit by 10.00am on Monday). All release and due dates/times are based on Queensland local time.
You must complete the quiz by submitting your answers to all questions online (via the Moodle subject page). You have one attempt to complete and submit your answers. You must therefore submit your answers online in one sitting (you cannot save your answers and return to them or amend them at a later date).
You will have 60 minutes to submit your answers online once you commence the quiz.
As noted, you must complete your submission online by 11:59 pm on Wednesday, 31 March 2026. Note that all answers must be submitted by this time.
Open attempts will be submitted automatically when the time limit (60 minutes) expires and/or when the due date/time is reached.
If you experience technical difficulties with the quiz, please contact the Unit Coordinator immediately by email and lodge a job with TaSAC.
The quiz results will only be released once all submissions are in.
The quiz is relevant to the following Unit Learning Outcomes: ULOs 1, 2, 3 and 4.
1
Other
Week 4 Tuesday (31 Mar 2026) 11:59 pm AEST
Check Moodle for all details (including Quiz page)
Results will be released online via Moodle - estimated return in 3 weeks.
There will be one correct answer from a series of choices per question.
- Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios.
- Conduct research, critically analyse sources and compare evidence law from multiple sources.
- Critically evaluate and reflect upon ethical issues which may arise in the context of applying evidence law in practice.
- Critically reflect upon cross cultural perspectives which may arise in the context of the implementation of evidence law in practice, including issues relating to Aboriginal & Torres Strait Islander peoples.
2 Written Assessment
The task will be based on a problem question. It will require students to conduct their own independent research and to present their findings in an argument to the examiner, modelling a real life scenario of an application a legal practitioner would be required to make to a judge or tribunal on behalf of their client.
More specific details of the assessment, including detailed instructions for the assessment task and the applicable marking criteria/rubric will be available via the Moodle subject page. The submission for this assignment is also online via the Moodle subject page (Assignment Inbox will be available via Moodle).
Extensions of more than 14 days are not available for this assessment. Due to the need to provide prompt feedback to students and the content of feedback provided, submissions received after the assessment has been returned to students cannot be accepted for academic integrity reasons. Students seeking extensions beyond this timeframe will be required to undertake a different version of the assessment task.
This assessment must be submitted by the specified due date and time. Due to the nature of this task, the standard 72-hour grace period does not apply. We recognise that unexpected circumstances may arise, and encourage students to reach out as early as possible if they are experiencing difficulties, so that appropriate support or adjustments can be considered in line with university policy. Students requesting any extension must submit their request together with supporting documentation via the University's assignment extension system. Any application for an extension must be made before the due date. Applications made via email will not be considered.
Details of the Unit Learning Outcomes assessed by this assignment are set out via the Moodle subject page. The assessment is a task that will test students' skills in legal methodology. More specific details of the assessment, including detailed instructions for the assessment task and the marking criteria/rubric are available via the Moodle subject page.
Late penalties are applied where students do not submit by the due date (or where you have been granted an extension and submit beyond the extended due date). Late penalties are 5% of the total available marks per day or part day.
This assessment requires students to adhere to the guidelines on the use of artificial intelligence tools as specified in the Artificial Intelligence Assessment Scale (AIAS). Any misuse or lack of disclosure regarding the use of AI tools will be considered a breach of academic integrity. The Level of GenAI use allowed for this assessment will be disclosed at the same time as the assignment question is released (details provided via Moodle).
Week 6 Friday (17 Apr 2026) 11:59 pm AEST
Submitted online via Moodle.
Returned online via Moodle. Results and feedback estimated for release withing 3 weeks of submission.
The assessment will adopt the relevant CQU policies on Assessment of Grades for subjects via Coursework. This includes the relevant grading scales in the Grades Assessment Policy.
This assessment will assess your ability to:
- advocate for your client's legal position;
- create legal arguments in accordance with the purpose, context and needs of the audience;
- apply the principles of plain English drafting and drafting conventions when drafting legal documents;
- present persuasive arguments in a logical manner;
- present factual information in a concise and comprehensive manner
- present your argument in accordance with applicable rules of procedure and practice directions;
- communicate effectively with your audience; and
- reference in accordance with AGLC 4.
More details of the assessment, including the applicable grading rubric, will be posted on the Moodle subject page for the assessment.
- Synthesise and evaluate the relevant legal principles of evidence law as they apply to problem fact scenarios.
- Conduct research, critically analyse sources and compare evidence law from multiple sources.
- Critically evaluate and reflect upon ethical issues which may arise in the context of applying evidence law in practice.
- Critically reflect upon cross cultural perspectives which may arise in the context of the implementation of evidence law in practice, including issues relating to Aboriginal & Torres Strait Islander peoples.
Examination
As a CQUniversity student you are expected to act honestly in all aspects of your academic work.
Any assessable work undertaken or submitted for review or assessment must be your own work. Assessable work is any type of work you do to meet the assessment requirements in the unit, including draft work submitted for review and feedback and final work to be assessed.
When you use the ideas, words or data of others in your assessment, you must thoroughly and clearly acknowledge the source of this information by using the correct referencing style for your unit. Using others’ work without proper acknowledgement may be considered a form of intellectual dishonesty.
Participating honestly, respectfully, responsibly, and fairly in your university study ensures the CQUniversity qualification you earn will be valued as a true indication of your individual academic achievement and will continue to receive the respect and recognition it deserves.
As a student, you are responsible for reading and following CQUniversity’s policies, including the Student Academic Integrity Policy and Procedure. This policy sets out CQUniversity’s expectations of you to act with integrity, examples of academic integrity breaches to avoid, the processes used to address alleged breaches of academic integrity, and potential penalties.
What is a breach of academic integrity?
A breach of academic integrity includes but is not limited to plagiarism, self-plagiarism, collusion, cheating, contract cheating, and academic misconduct. The Student Academic Integrity Policy and Procedure defines what these terms mean and gives examples.
Why is academic integrity important?
A breach of academic integrity may result in one or more penalties, including suspension or even expulsion from the University. It can also have negative implications for student visas and future enrolment at CQUniversity or elsewhere. Students who engage in contract cheating also risk being blackmailed by contract cheating services.
Where can I get assistance?
For academic advice and guidance, the Academic Learning Centre (ALC) can support you in becoming confident in completing assessments with integrity and of high standard.
What can you do to act with integrity?
