CHAPTER 1: PRELIMINARY

Part 1.2: Application of this Act

Section 4: Courts and proceedings to which Act applies

Anstee v Coltis Pty Ltd (t/as Fibre-King Home Insulation)
NSW Compensation Ct (Neilson J) 22.11.1995
Evidence Act 1995 (NSW) s.4(1)(b)- client legal privilege - production on subpoena - claim of privilege - interlocutory proceedings or proceedings of a similar kind - whether privilege is applicable in interlocutory proceedings pre-trial
Held: wide definition of interlocutory adopted - ‘given provisionally in a legal action’ - documents privileged and party not obliged to produce

Davies
NSW CCA 1.12.1995
Evidence Act 1995 (NSW) s.4
Held: Act applies to primary sentencing Court or perhaps appellate Court in the exceptional position of having to find facts for itself

Lane v The Queen
Fed Ct (ACT) 16.5.1996
Evidence Act 1995 (Cth) s.4(1) - commencement of Evidence Act 1995 (Cth) - ‘hearing of which began’ - hearing of criminal trial upon indictment begins at time of arraignment - R v Pearson (NSW CCA 5.3.1996) followed

Lewis
NSWSC (Dowd J) 25.10.1996
Evidence Act 1995 (NSW) ss.4(2) & 4(4) - whether Act applies to sentencing hearings.
Held: same rules of evidence should apply at a sentence consequent on a trial conducted under Act - in interests of justice Act should apply

Decker v State Coroner of NSW
(1999) 46 NSWLR 415; NSWSC (Adams J) [369] 22.4.1999
Evidence Act 1995 (NSW) s.4(1) - inquest into Thredbo landslide - geologist refused to give evidence on grounds it might incriminate him - Coroner refused to issue certificate under s.128 Evidence Act.
Held: Act does not apply to proceedings in the Coroner’s Court - not a court created by parliament.

Section 11: General Powers of a Court