Impact of The Uniform Evidence Act 1995 (NSW) (“The Act”)
(i) The admissibility of implied assertions Implied assertions are of two kinds – those implied from statements not intended to assert a particular fact, and those implied from conduct not intended to assert a particular fact.[1] Previous Common Law Position The position of the common law prior to Walton v The Queen (1989) 166 CLR 283 (“Walton”)…