ACTIn ForceRegulation
Court Procedures Rules
1508Order of evidence and addresses
Start here
Get a plain-English read of 1508
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
1508 Order of evidence and addresses
(a) subject to any directions by the court about the order of evidence
and addresses and the conduct of the trial generally; and
(b) if there are more than 2 parties to the proceeding or a
counterclaim in the proceeding—to the proceeding with
necessary changes.
Note The court has a general power to make directions about the conduct of a
(2) If the plaintiff has the burden of proof on any issue, the plaintiff’s
case is presented first.
Proceedings at trial Division 2.15.2
Rule 1509
(3) If the defendant has the burden of proof on every issue, the
defendant’s case is presented first.
(4) The party whose case is presented first (the first party) may make an
address opening the first party’s case and may then present evidence
in support of the case.
(5) If, during the presentation of the first party’s case, no document or
thing is admitted in evidence or by tender by the other party, and the
other party does not present any evidence in support of the other
party’s case, the first party may make a closing address and the other
party may then make a closing address.
(6) If, during the presentation of the first party’s case, a document or
thing is admitted in evidence or by tender by the other party, but the
other party does not present any evidence in support of the other
party’s case, the other party may make a closing address and the first
party may then make a closing address.
(7) If the other party presents evidence—
(a) the other party may make an opening address and, after the other
party’s evidence is presented, may make a closing address; and
(b) after the other party has made a closing address, the first party
may make a closing address.