The scope of 'prejudice' under s 101 of the Evidence Act 2011 (ACT) — specifically whether it extends to prejudice in other proceedings — remains an open question. Where a trial judge's exclusion of tendency evidence can be upheld on alternative grounds (marginal probative value versus substantial prejudice), leave to appeal from the interlocutory ruling will be refused.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
7 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.