Australian Capital Territory Numbered Regulations

SUPREME COURT AMENDMENT RULES 2004 (NO 4) (NO 53 OF 2004) - REG 11

in part 1, insert

Order 1AB     Matters arising under Commonwealth Evidence Act

1     Evidence of previous representation

    (1)     A notice of intention to adduce evidence of a previous representation under the Commonwealth Evidence Act, section 67 (1) must be in accordance with form 1.1B.

    (2)     The notice may be accompanied by an affidavit setting out the evidence of the previous representation.

    (3)     However, the court may dispense with compliance with subrule (1), in whole or part.

Note 1     The Commonwealth Evidence Act, s 67 (4) provides that the court may, on the application of a party, direct that 1 or more of s 63 (2), s 64 (2) or s 65 (2), (3) or (8) is to apply despite the party's failure to give notice.

Note 2     Noncompliance with this rule does not render any proceeding void unless the court so directs (see o 69 r 1).

2     Objection to hearsay evidence—civil proceedings

    (1)     A notice of objection to the tender of hearsay evidence under the Commonwealth Evidence Act, section 68 (2) must be in accordance with form 1.1C.

    (2)     However, the court may dispense with compliance with subrule (1), in whole or part.

3     Tendency evidence

    (1)     A notice of intention to adduce tendency evidence under the Commonwealth Evidence Act, section 97 (1) must be in accordance with form 1.1D.

    (2)     However, the court may dispense with compliance with subrule (1), in whole or part.

Note     The Commonwealth Evidence Act, s 100 (1) provides that the court may, on the application of a party, direct that the tendency rule is not to apply to particular tendency evidence despite the party's failure to give notice under s 97.

4     Coincidence evidence

    (1)     A notice of intention to adduce coincidence evidence under the Commonwealth Evidence Act, section 98 (1) must be in accordance with form 1.1E.

    (2)     However, the court may dispense with compliance with subrule (1), in whole or part.

Note     The Commonwealth Evidence Act, s 100 (2) provides that the court may, on the application of a party, direct that the coincidence rule is not to apply to particular coincidence evidence despite the party's failure to give notice under s 98.