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Conflict of Laws

Edith Cowan University

Theses/Dissertations

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An Analysis Of Potential Incompatibility Between The Acts Amendment (Evidence Of Children And Others) Act 1992 And Defendants' Rights, V. F. Pearson Jan 1996

An Analysis Of Potential Incompatibility Between The Acts Amendment (Evidence Of Children And Others) Act 1992 And Defendants' Rights, V. F. Pearson

Theses : Honours

The need to balance the needs and rights of all parties is a central consideration in legal procedure. This is no simple task, however, when the interests of the defendant are often in direct contrast to those of the witness. Much of the contention arises from the ambiguity associated with the nature of both victims' and defendants' rights and the lack of clear guidelines for the resolution of conflict where such competing interests are involved. Because Australia has no document precisely delineating the nature and content of individual rights, the result is a reliance on an ill-defined combination of common …