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Evidence (National Uniform Legislation) Act 2011
67Notice to be given
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67 Notice to be given
(1) Sections 63(2), 64(2) and 65(2), (3) and (8) do not apply to
evidence adduced by a party unless that party has given
reasonable notice in writing to each other party of the party's
intention to adduce the evidence.
(2) Notices given under subsection (1) are to be given in accordance
with any regulations or rules of court made for the purposes of this
(3) The notice must state:
(a) the particular provisions of this Division on which the party
intends to rely in arguing that the hearsay rule does not apply
to the evidence; and
(b) if section 64(2) is such a provision – the grounds, specified in
that provision, on which the party intends to rely.
(4) Despite subsection (1), if notice has not been given, the court may,
on the application of a party, direct that one or more of those
subsections is to apply despite the party's failure to give notice.
(5) The direction:
(a) is subject to such conditions (if any) as the court thinks fit; and
(b) in particular, may provide that, in relation to specified
evidence, the subsection or subsections concerned apply with
such modifications as the court specifies.
Evidence (National Uniform Legislation) Act 2011 39