Prepare the issues for excluding improperly or illegally obtained evidence
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the de-identified account of how the evidence was obtained, build an issues table under Evidence Act 1995 (Cth) s 138. State the rule in s 138(1): evidence obtained improperly or in contravention of an Australian law, or in consequence of an impropriety or contravention, is not to be admitted unless the desirability of admitting it outweighs the undesirability of admitting evidence obtained in that way. Row the questioning deeming provisions in s 138(2). List each matter in s 138(3)(a) to (h), with a blank for the fact that touches it. The tool does not write the application or the submissions.
- What the lawyer must review
- The lawyer decides whether s 138 is engaged and how the discretion falls, and writes any application and any submission. The section opened is the Commonwealth Evidence Act. A proceeding under a State or Territory evidence statute is checked against that statute.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes identifying points for review. Confirm the tool’s capability and permitted scope. The tool writes nothing into the document. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.