The Pre–Conditions to Admissibility Under Section 79 of the Evidence Act
Monday, 01 October 2012
by Francis Tiernan
Francis Tiernan SC (2012) 146 Australian Construction Law News 14. Section 76 of the Evidence Act sets out the exclusionary rule that evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed (“the opinion rule”). Expert opinion is an exception to the
- Published in Expert Evidence
Contractual interpretation – Codelfa update and related matters
Wednesday, 20 October 2010
by Francis Tiernan
Francis Tiernan SC Paper given at BDPS Meeting. Francis spoke on the following four aspects of contractual interpretation: [1] Evidence of surrounding circumstances as an aid to construing a contract. Is such evidence admissible only where the language is ambiguous? [2] What evidence is admissible by way of surrounding circumstances? [3] Prior negotations. [4]
- Published in Contractual Indemnities
