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Evidence (National Uniform Legislation) Act 2011
57Provisional relevance
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57 Provisional relevance
(1) If the determination of the question whether evidence adduced by a
party is relevant depends on the court making another finding
(including a finding that the evidence is what the party claims it to
be), the court may find that the evidence is relevant:
(a) if it is reasonably open to make that finding; or
(b) subject to further evidence being admitted at a later stage of
the proceeding that will make it reasonably open to make that
finding.
(2) Without limiting subsection (1), if the relevance of evidence of an
act done by a person depends on the court making a finding that
the person and one or more other persons had, or were acting in
furtherance of, a common purpose (whether to effect an unlawful
conspiracy or otherwise), the court may use the evidence itself in
determining whether the common purpose existed.