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‘The “Authorities Proviso”: the Scope of the Discretion to Exclude Evidence for Public Policy’

Authors: David Caruso and Chong Tsang Status: Drafting Abstract: This article addresses whether the discretion to exclude evidence on the grounds of public policy as formulated in Bunning v Cross should be limited to situations in which the improper or unlawful conduct in obtaining the evidence was that of ‘the authorities’.

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‘The Basis of the “Basis Rule”: the Role of the Basis Rule in the Admissibility of Expert Opinion’

Authors: David Caruso and Trang Phan Status: Pending Review Abstract: The ‘basis rule’ is, in general terms, a rule which restricts expert witnesses to giving opinion evidence in respect of which there is or will be proof, by other admissible evidence, of the facts and assumptions upon which the opinion is based. There has been […]

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‘The Case in Australia for Further Reform to the Cross-Examination and Court Management of Child Witnesses’

Authors: David Caruso and Timothy Cross Status: Published: (2012) 16(4) International Journal of Evidence and Proof 364-397 Abstract: Recent legislative reforms in Australia designed to address the difficulties attending the reception and treatment of child evidence will have little, if any, success because they do not address the reasons for the difficulties, nor introduce improvements […]

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‘The Executive Institution of Mercy in Australia: The Case and Model for Reform’

Authors: David Caruso and Nicholas Crawford Status: Published: (2014) 37(1) University of New South Wales Law Journal 312-348 Abstract: Post-conviction review procedures in Australia have been static despite significant reform in other Commonwealth countries. Responsibility for review and the powers to do so, collectively, the ‘Institution of Mercy’ (‘IOM’), are vested in the executive of […]

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‘Rethinking Leading Questioning: the Directive/Non-Directive Psychological Divide’

Authors: David Caruso, Dr Jacqueline Wheatcroft and James Krumrey-Quinn Status: Forthcoming: Criminal Law Review Abstract: There is a dearth of legal and psychological consideration of the leading question during the trial process. This article argues the current approach to the leading question does not assist or promote the accuracy of witness evidence, particularly witnesses likely […]

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Why Representation and Resources are Critical to Access to Justice in Minor Civil Jurisdictions: the Experience of Advisory Services in Minor Civil Claims

Authors: Margaret Castles, David Caruso, Associate Professor Anne Hewitt Status: Invited, Forthcoming: University of New South Wales Court of Conscience Journal Abstract: This article argues that appropriate involvement of the legal profession in minor civil proceedings, rather than its exclusion, will best facilitate efficient proceedings and ensure rectitude of outcome. We recommend that initiatives are […]

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