Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Spencer v Commonwealth of Australia [2014] FCA 1288 Citation: Spencer v Commonwealth of Australia [2014] FCA 1288
Parties: PETER JAMES SPENCER v COMMONWEALTH OF AUSTRALIA and STATE OF NEW SOUTH WALES
File number: ACD 24 of 2007
Judge: MORTIMER J
Date of judgment: 27 November 2014
Catchwords: PRACTICE AND PROCEDURE – Evidence – objections to admissibility – procedural fairness and fair trial – objections allowed in part
Legislation: Constitution s 51(xxxi) Evidence Act 1995 (Cth) ss 76, 78, 79, 135, 136, 190 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Assistant Commissioner Condon v Pompano Pty Ltd (2013) 295 ALR 638; [2013] HCA 7 Golden Eagle International Trading Pty Ltd v Zhang (2007) 229 CLR 498; [2007] HCA 15 Hamod v New South Wales [2011] NSWCA 375 Honeysett v The Queen (2014) 311 ALR 320; [2014] HCA 29 Lithgow City Council v Jackson (2011) 244 CLR 352; [2011] HCA 36 Ringrow Pty Ltd v BP Australia Ltd (2003) 130 FCR 569; [2003] FCA 933 Spencer v Commonwealth [2014] FCA 1117 SZRUR v Minister for Immigration and Border Protection (2013) 216 FCR 445; [2013] FCAFC 146 Australian Law Reform Commission, Interim Report No 26: Evidence, Australian Government Publishing Service, Vol 1 (1985)
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