TASIn ForceAct
Evidence Act 2001
68Objection to tender of hearsay evidence in civil proceedings if maker available
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### 68 Objection to tender of hearsay evidence in civil proceedings if maker available
> > (1) In a civil proceeding, if the notice discloses that it is not intended to call the person who made the previous representation concerned because it –
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> > > > (a) would cause undue expense or undue delay; or
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> > > > (b) would not be reasonably practicable –
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> > a party, not later than 21 days after notice is given, may object to the tender of the evidence, or of a specified part of the evidence.
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> > (2) The objection is to be made by giving to each other party a written notice setting out the grounds on which the objection is made.
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> > (3) The court, on the application of a party, may determine the objection at or before the hearing.
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> > (4) If the objection is unreasonable, the court may order that the party objecting is to bear the costs incurred by another party –
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> > > > (a) in relation to the objection; and
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> > > > (b) in calling the person who made the representation to give evidence.