New Exceptions or Principled Determinations: The Unreliable Response of the Australian High Court to Reform of the Hearsay Rule
AbstractThe article examines the operation of the hearsay rule in Australia, comparing to its operation in the US, UK and Canada. The 'reliability' and 'telephone' exceptions are examined and their judicial support determined. The author argues that there is clear support in the High Court for 'a' telephone exception but that currently its scope remains underdetermined. The author concludes that the Australian schizophrenic approach to judicial reform of the hearsay rule may be partially excused by reason of the enactment of the Evidence Act 1995 (Cth). |