Trials in the Australian Legal System are conducted in accordance with strict rules of evidence and procedure. This is one of the fundamental features of the Adversary System of trial.
Other features include:
• The hearing of the dispute before an impartial and independent arbiter
• Parties to the dispute having control over their own case, exercising the right to call and examine witnesses, make submissions and objections and to cross-examine witnesses for the other side.
• A continuous trial
• Right to either a judge alone or judge and jury (not used in civil jurisdiction in South Australia)
Strict rules of evidence and procedure ensure that only the best possible evidence is used as a basis for arriving at a verdict or decision. Many of these rules are found in the Evidence Act, Summary Procedures Actand judicial precedents.
Evidence can be classified as admissible evidence – that which satisfies strict rules and is allowable and inadmissible evidence – that which is not allowable because it is unreliable, irrelevant or unfairly obtained. It is worth noting however, that this type of evidence can be presented to a court and used to determine a verdict if the opposing party fails to object to its use on just grounds.
Admissible evidence includes the following:
• Relevant evidence - original documents relating to the dispute
• Direct evidence - original evidence of an event seen, heard, smelt or felt by a witness
• Expert evidence - evidence presented by a person who has specialised knowledge eg. a doctor
Inadmissible evidence includes the following:
• Hearsay evidence - evidence relayed to a witness by another person who has seen or heard what occurred or overheard another relating what they have seen or heard.
• Opinion evidence - evidence given by someone not considered an expert in the field.
• Illegally obtained evidence
• Past conviction and criminal record evidence (unless similar fact evidence)