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Where am I now? Lawlink > Law Reform Commission > Publications > Index

Report 17 (1973) - Evidence (Business Records)

Index

History of this Reference (Digest)

 
Report paragraph
Appendix paragraph
 
Absence of business record, admissibility-
where kept by computer
32
B48
 
Accounting records, admissibility
B66
 
Admissions of parties, admissibility
B19, E6, 7, 25
 
Authenticity of document, proof of
E2
 
Automatic recording devices (see “Machine Information”)
34
B30, 31
 
Bankers' books-
admissibility
E25
definition
B1-3
 
Business-
meaning of term
9
B8, 9
records of-
examples
11
proofs of evidence as
B37-42
statement in record of, meaning
12, 13
statement in record of, admissibility
27-31, 33-36
 
Business records exception, need for (see “Recommendation”)
22-25
 
Civil proceedings-
recommendation, reasons for
22-24, 47-55
recommendation summarized
27, 28, 29, 31-36
 
Computers-
accuracy
7, 38-46
D44-56
definition
B68
description of
D1-74
generally
3, 9
operation and use of
D1-74
proof of print-out by
B65
records made or kept by
33
 
Corroboration, business record as
35(8)
B86
 
Credibility of maker, etc., of hearsay statement
35(4)
B56-58
 
Criminal proceedings-
power to exclude evidence preserved
35(9)
B87
recommendation, reasons for
25, 47-52, 56-60
B44-47
recommendation summarized
27, 28, 30-36
 
Cross-examination re business record
35(1)
B36
 
Declaration by deceased person-
made in the course of duty
E3
against interest
E34
 
Derived, meaning of term
B10
 
Document-
definition of
B11
rule against secondary evidence of contents of a
B19
statement in a document, meaning of
12, 13
 
Exclusion of evidence
35(2), (3)
B70-78, 87
 
Hearsay (see “Rule against Hearsay”).
 
Hostile witness
B21, 22, 24
 
Jury-
hearsay, evaluation of
19
withholding document from deliberations of
35(7)
B7, 83-85
 
Machine Information
34
B30, 31
 
N.S.W. Bar Association-
7, 8
comments on working paper
B49, 52-55, 79-82
 
Opinion-
expert
28
B14, 29, E16
 
Police Force
B47
 
Private prosecution
B47
 
Public Documents
E5
 
Recommendation-
reasons for
22-25, 47-60
relationship to other exceptions
62
summarized
26-37
 
Reference, terms of
1
 
Rule against hearsay-
defined
14, 15
exceptions-
applicable to business records
E1-25
rationale of
21
reasons for the rule
17-20
relationship to relevance
16
 
Rules and regulations
35(10)
B89-94
 
Safeguards in exception recommended-
summarized
35
 
Statement-
meaning of
12, 13
B14
prior, admissibility (see “Opinion”),
B20-24
 
Terms of reference
1
 
Time for orders concerning admissibility
B88
 
Weight of hearsay evidence
31, 32, 35(5)
B49-55
 
Working paper-
circulation
6
comments on (see N.S.W. Bar Association)
7, 8
 

 


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