QLDIn ForceAct
Evidence Act 1977
sec.129ADThe tendency rule
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### sec.129AD The tendency rule
Evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, is not admissible to prove that a person has or had a tendency, whether because of the person’s character or otherwise, to act in a particular way, or to have a particular state of mind unless—
the party seeking to adduce the evidence gave reasonable notice in writing to each other party of the party’s intention to adduce the evidence; and
the court considers that the evidence will, either by itself or having regard to other evidence adduced or to be adduced by the party seeking to adduce the evidence, have significant probative value.
Subsection (1) (a) does not apply if—
the evidence is adduced in accordance with any directions made by the court under section 129AH ; or
the evidence is adduced to explain or contradict tendency evidence adduced by another party.
The tendency rule is subject to specific exceptions concerning the character of, or expert opinion about, accused persons, see section 129AJ . (Other provisions of this Act may also operate as further exceptions.)
s 129AD ins 2024 No. 48 s 40
(sec.129AD-ssec.1) Evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, is not admissible to prove that a person has or had a tendency, whether because of the person’s character or otherwise, to act in a particular way, or to have a particular state of mind unless— the party seeking to adduce the evidence gave reasonable notice in writing to each other party of the party’s intention to adduce the evidence; and the court considers that the evidence will, either by itself or having regard to other evidence adduced or to be adduced by the party seeking to adduce the evidence, have significant probative value.
(sec.129AD-ssec.2) Subsection (1) (a) does not apply if— the evidence is adduced in accordance with any directions made by the court under section 129AH ; or the evidence is adduced to explain or contradict tendency evidence adduced by another party.
- (a) the party seeking to adduce the evidence gave reasonable notice in writing to each other party of the party’s intention to adduce the evidence; and
- (b) the court considers that the evidence will, either by itself or having regard to other evidence adduced or to be adduced by the party seeking to adduce the evidence, have significant probative value.
- (a) the evidence is adduced in accordance with any directions made by the court under section 129AH ; or
- (b) the evidence is adduced to explain or contradict tendency evidence adduced by another party.