QLDIn ForceAct
Evidence Act 1977
sec.129AHCourt may dispense with notice requirements
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### sec.129AH Court may dispense with notice requirements
The court may dispense with the requirement to give notice under section 129AD (1) (a) or 129AF (1) (a) as the case may be—
on the application of a party; or
on its own initiative if the court considers it appropriate to do so.
To remove any doubt, it is declared that an application under subsection (1) may be made before or after the time that notice would otherwise be required to be given.
A direction under subsection (1) may be—
subject to any conditions the court thinks fit; and
given at or before the hearing in which the evidence is to be adduced.
Without limiting the court’s power to impose conditions under this section, those conditions may include 1 or more of the following—
a condition that the party give notice of its intention to adduce the evidence to a specified party, or to each other party other than a specified party;
a condition that the party give notice only in respect of specified tendency evidence, or all tendency evidence that the party intends to adduce other than specified tendency evidence;
a condition that the party give notice only in respect of specified coincidence evidence, or all coincidence evidence that the party intends to adduce other than specified coincidence evidence.
s 129AH ins 2024 No. 48 s 40
(sec.129AH-ssec.1) The court may dispense with the requirement to give notice under section 129AD (1) (a) or 129AF (1) (a) as the case may be— on the application of a party; or on its own initiative if the court considers it appropriate to do so.
(sec.129AH-ssec.2) To remove any doubt, it is declared that an application under subsection (1) may be made before or after the time that notice would otherwise be required to be given.
(sec.129AH-ssec.3) A direction under subsection (1) may be— subject to any conditions the court thinks fit; and given at or before the hearing in which the evidence is to be adduced.
(sec.129AH-ssec.4) Without limiting the court’s power to impose conditions under this section, those conditions may include 1 or more of the following— a condition that the party give notice of its intention to adduce the evidence to a specified party, or to each other party other than a specified party; a condition that the party give notice only in respect of specified tendency evidence, or all tendency evidence that the party intends to adduce other than specified tendency evidence; a condition that the party give notice only in respect of specified coincidence evidence, or all coincidence evidence that the party intends to adduce other than specified coincidence evidence.
- (a) on the application of a party; or
- (b) on its own initiative if the court considers it appropriate to do so.
- (a) subject to any conditions the court thinks fit; and
- (b) given at or before the hearing in which the evidence is to be adduced.
- (a) a condition that the party give notice of its intention to adduce the evidence to a specified party, or to each other party other than a specified party;
- (b) a condition that the party give notice only in respect of specified tendency evidence, or all tendency evidence that the party intends to adduce other than specified tendency evidence;
- (c) a condition that the party give notice only in respect of specified coincidence evidence, or all coincidence evidence that the party intends to adduce other than specified coincidence evidence.