Head to the Bar

Today we tackle the last of the evidentiary privileges - client legal privilege, before moving into the tricky rules of admissibility of credibility evidence. In our next episode, we'll grapple with tendency and coincidence evidence.

You can find the notes, and other resources, here. The Judicial College of Victoria provides an absolute wealth of resources on client legal privilege, and the credibility rules.

Now that we’ve managed the most difficult part of law studies (getting started), we’re well on our way. Today, we’ll look at the principles and procedures guiding cross-examination – don’t forget that those procedures are linked to the principles of credibility evidence, but let’s not get ahead of ourselves. In our last leg of the journey, we’ll pull on our wetsuits and taking a deep dive into privilege, peeking at the Uniform Evidence Act provisions on the privilege against self-incrimination, and matters of state immunity. In our next episode, we’ll look at client legal privilege and then the tricky rules of admissibility of credibility evidence.

You can find the notes, and other resources, here. The Judicial College of Victoria provides an absolute wealth of resources on cross-examination, the prosecution failure to call witnesses, the defence failure to call witnesses, the rule in Browne v Dunn, and the privilege against self incrimination, and matters of state immunity.

A warm welcome to our discussion of Victorian evidence law. We’ll start at the very beginning, and that is the principles of relevance, discretionary and mandatory exclusion. We travel through circumstantial evidence, particularly in criminal cases, before catching our first glimpse of the rules governing competence and compellability in witnesses. Examination in chief is our final destination, including non-leading questions, restoring memory, unfavourable witnesses and our first mention of Jones v Dunkel. It won’t be the last time we spot that case.In our next episode, we’ll finish up cross-examination and start looking at the evidentiary privileges.

You can find the notes, and other resources, here. The Judicial College of Victoria provides an absolute wealth of resources on relevance, circumstantial evidence in criminal cases, discretionary and mandatory exclusions, competence and compellability starting here, and examination in chief and re-examination.

An enormous hurdle to getting started in self-led study is knowing where to begin. In this episode, we had the honour of being joined by three lawyers who faced the challenge of the Victorian Bar Entrance exam, and passed. Matt Murphy, and Sam Profitt, who have both recently signed the Bar Roll, and Bridie Kelly, Senior Associate to the Chief Judge of the County Court, share their wisdom and tips.

Matt’s advice for building concentration involved the Pomodoro technique. There are lots of apps and programs to help track your time, one Pomodoro at a time, or you’ll need a 25 minute timer.

There are also lots of online classes for meditation and mindfulness, which can help build concentration and may also help to diffuse pre-exam nerves. Smiling Mind is free.

In our next episode, we’ll start looking at the Victorian laws of Evidence, starting with relevance, discretionary exclusions, circumstantial evidence, and examination in chief.

Are you thinking of sitting the Victorian Bar Entrance exam in November? Welcome to the Head to the Bar podcast. We'll explore the examinable law, wandering leisurely through 30 hours of Victorian evidence law, criminal procedure, civil procedure, ethics, and exam strategy. You'll also be able to download a full set of law notes for your information. Proudly hosted by Dr Martine Marich, acting in a private, non-judicial and purely voluntary capacity.