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Evidence (National Uniform Legislation) Act 2011
68Objections to tender of hearsay evidence in civil proceedings
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68 Objections 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:
(a) would cause undue expense or undue delay; or
(b) would not be reasonably practicable;
a party may, not later than 21 days after notice has been given,
object to the tender of the evidence, or of a specified part of the
(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.
(3) The court may, on the application of a party, determine the
objection at or before the hearing.
(4) If the objection is unreasonable, the court may order that, in any
event, the party objecting is to bear the costs incurred by another
party:
(a) in relation to the objection; and
(b) in calling the person who made the representation to give
Note for subsection (4)
This subsection differs from section 68(4) of the Commonwealth Act because of
the different way costs are ascertained by Territory courts.