The University of New South Wales

go to UNSW home page

Handbook Home

Table of Contents
List divider List divider

Use this search only if you have an exact code for a Program, Plan, or Course, e.g. 3400, ACCTA13502, ACCT1501 or ACCT*.
Use the main search box (Search the UNSW Handbook) if you do not have an exact code and want to use a keyword instead.

Litigation 2 - JURD7221
 Aerial view of UNSW

Faculty: Faculty of Law
School:  Faculty of Law
Course Outline: See below
Campus: Kensington Campus
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 4
Enrolment Requirements:
Prerequisite: LAWS2311; JURD7211
Excluded: LAWS2321
CSS Contribution Charge:Band 3 (more info)
Further Information: See Class Timetable


Litigation 2 provides a contextual and critical overview of significant evidentiary principles and rules. It introduces students to the rules of evidence pursuant to the Evidence Act 1995 and related issues which typically apply in most court orientated litigation. Litigation 2 is not an advocacy skills course but a good grasp of rules of evidence and procedure is a pre-requisite to becoming an accomplished advocate.

Litigation 2 is a compulsory course that builds on and extends students' studies of Criminal and Civil Procedure in Litigation 1, Criminal Law 1 & 2 and Law, Lawyers and Society.

Recommended Prior Knowledge


Course Objectives

  • To establish a basic knowledge of the doctrine, principles and rules relating to procedure and evidence law in both civil and criminal litigation in the trial stage. Students will be provided with structured opportunities to acquire a functioning and contextual knowledge of law and legal institutions and intellectual skills of analysis, synthesis, critical judgment, reflection and evaluation
  • To foster personal and professional values gained from an understanding and sensitivity to a variety of related ethical, social, economic, political and justice issues affecting the formal resolution of criminal and civil matters: eg defence and prosecutorial practices; the use of judicial resources; the role of juries; the accused’s position in court: to foster students’ critical analytical skills and enhance their understanding from a social justice orientation of trial related practice issues
  • To provide students with the opportunity to actively engage in the learning experience through classroom discussions and activities. This enhances their ability to critically evaluate trial processes from legal and social justice perspectives. It also enhances challenging their assumptions and beliefs

Main Topics

  • Adversarialism, the accused and the criminal trial;
  • Relevance and discretionary and mandatory exclusions;
  • Proof and judicial knowledge;
  • Obtaining testimony (prosecutorial fairness, unrepresented accused, testimonial competence and compellability);
  • Questioning witnesses in court (examination in chief, cross-examination, re-examination, unfavourable witnesses, credibility attacks on witnesses, special rules regarding sexual offences);
  • The hearsay rule and its exceptions;
  • Evidence of opinion and expert testimony;
  • The accused (the accused as a witness, his/her right to silence, character, tendency and coincidence evidence);
  • Unreliable evidence and warnings.


Advanced Court Observation or Research Essay 30%
End of semester exam (Open book) 70%
Class participation (maximisable) 10%

Course Texts


  • Hunter J, Cameron C, & Henning Litigation II: Evidence and Criminal Process (7th ed) LexisNexis B’worths (2005)
  • Evidence Act (NSW or Cth), 1995 or an Evidence Act annotation. A copy of the legislation is also available at
  • Faculty of Law, UNSW, JURD7221 Supplementary Materials (UNSW Bookshop)
See the Course Outline available at the beginning of the relevant semester.


Refer to Course Outline provided by lecturer.

URL for this page:

© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.