Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsbefore part 1.1, insert
Part 1.1A General forms
Form 1.1B Notice of intention to adduce evidence of previous representation
(see o 1AB r 1)
In the Supreme Court of the Australian Capital Territory
*[ Criminal jurisdiction ]
No of ( year )
( for civil matters )
( name/s )
Plaintiff[s]*
( name/s )
Defendant[s]*
( for criminal matters )
THE QUEEN
( name of accused person )
To ( name ) of ( address )
Under the Evidence Act 1995 (Cwlth), section 67 (1), I, ( name ) give notice that I intend to adduce evidence of a previous representation.
I intend to rely on the Evidence Act 1995 (Cwlth), section ( specify particular provisions of division 2 relied on ) in arguing that the hearsay rule does not apply to the evidence.
The substance of the evidence of a previous representation that I intend to adduce is as follows:
( substance of that evidence—note that it is sufficient compliance to refer to an accompanying affidavit )
( if a copy of a document, or of a portion of a document, is attached to this notice, it is sufficient compliance to specify in the notice, or in the copy of the document or portion of the document attached to the notice, the representation evidence intended to be adduced—see the Evidence Regulations (Cwlth), reg 5 (6) )
The substance of all other relevant representations made by the person who made that previous representation, so far as they are known to me, is as follows:
( substance of those other representations )
Particulars of—
(a) the date, time, place and circumstances at or in which each of the representations was made; and
(b) the names of the persons by whom, and the persons to whom, each of those representations were made; and
( in a civil proceeding—
*[(c) the address of each person so named]);
so far as they are known to me, are as follows:
( particulars )
( if it is intended to rely on the Evidence Act 1995 (Cwlth), section 63 (2) (a) or (b), section 65 (2) (a) (b) or (d), section 65 (3)(a) or (b) or section 65 (8) (a) or (b) ) *[Particulars of the facts on the basis of which it is alleged that the person who made a representation referred to in this notice is not available to testify concerning the fact to be proved by adducing evidence of that representation are as follows:
( particulars )]
( If it is intended to rely on the Evidence Act 1995 (Cwlth), section 64 (2) (a) or (b) ) *[It would *[cause undue expense/ cause undue delay/ not be reasonably practicable] to call the person who made the representation to give evidence. Particulars of the facts that I will rely on to establish *[that ground/ those grounds] are as follows:
( particulars )]
( If a previous representation referred to is in writing:
(a) a copy of the document, or of the relevant portion of the document, containing the representation must be attached to the notice; and
( b) the notice must identify the document unless:
(i) a copy of the document is attached to the notice; and
(ii) the identity of the document is apparent on the face of the copy—see the Evidence Regulations (Cwlth), reg 5 (5) )
Date:
(signature of party or party's lawyer)
( name of party or party's lawyer )
(
address )
*(delete if, or whichever is, inapplicable)
Form 1.1C Notice of objection to tender of hearsay evidence
(see o 1AB r 2)
In the Supreme Court of the Australian Capital Territory
No of ( year )
( name/s )
Plaintiff[s]*
( name/s )
Defendant[s]*
To ( name ) of ( address )
Under the Evidence Act 1995 (Cwlth), section 68 (1), I, ( name ) give notice that I object to the tender of *[the/ a part of the] evidence referred to in the notice of intention to adduce evidence of previous representation dated ( date ) given to me by ( name ).
*[The part of the evidence to which I object is as follows:
( specify part of evidence )]
The grounds on which the objection is made are as follows:
( grounds )
Date:
( signature of party or party's lawyer )
( name
of party or party's lawyer )
( address )
*(delete if, or whichever is, inapplicable)
Form 1.1D Notice of intention to adduce tendency evidence
(see o 1AB r 3)
In the Supreme Court of the Australian Capital Territory
*[ Criminal jurisdiction ]
No of ( year )
( for
civil matters)
( name/s )
Plaintiff[s]*
( name/s )
Defendant[s]*
( for
criminal matters )
THE QUEEN
( name of accused person )
To ( name ) of ( address )
Under the Evidence Act 1995 (Cwlth), section 97 (1), I, ( name ) give notice that I intend to adduce evidence of *[the * [character/ reputation/ conduct] of ( name )/ a tendency that ( name ) *[has/had]] to prove that *[he/she] *[has/had] a tendency to *[act in a particular way/ have a particular state of mind].
The substance of the evidence of the kind referred to in that subsection that I intend to adduce is as follows:
( substance of the evidence )
Particulars of the *[character/ reputation/ conduct/ tendency] of which evidence is to be adduced are as follows:
( particulars )
( if that evidence consists of, or includes, evidence of the conduct of a person ) *[Particulars of—
(a) the date, time, place and circumstances at or in which the conduct occurred; and
(b) the names of each person who saw, heard or otherwise perceived the conduct; and
( in a civil proceeding —
*[(c) the address of each person so named]);
so far as they are known to me, are as follows:
( particulars )]
Particulars of the tendency sought to be proved by the evidence are as follows:
( particulars )
Date:
( signature of party or party's lawyer )
( name of party or party's lawyer )
( address )
*(delete if, or whichever is, inapplicable)
Form 1.1E Notice of intention to adduce coincidence evidence
(see o 1AB r 4)
In the Supreme Court of the Australian Capital Territory
*[ Criminal jurisdiction ]
No of ( year )
( for
civil matters )
( name/s )
Plaintiff[s]*
( name/s )
Defendant[s]*
( for
criminal matters )
THE QUEEN
( name of accused person )
To ( name ) of ( address )
Under the Evidence Act 1995 (Cwlth), section 98 (1), I, ( nam e) give notice that I intend to adduce evidence that ( number ) related events occurred to prove that, because of the improbability of the events occurring coincidentally, ( name ) *[did a particular act/ had a particular state of mind].
The substance of the evidence that I intend to adduce is as follows:
( substance of the evidence )
Particulars of—
(a) the date, time, place and circumstances at or in which each of those events occurred; and
(b) the names of each person who saw, heard or otherwise perceived each of those events; and
( in a civil proceeding —
*[(c) the address of each person so named]);
so far as they are known to me, are as follows:
( particulars )
Particulars of any additional evidence to be relied on to establish the improbability of the events having occurred coincidentally are as follows:
( particulars )
Particulars of the *[act/ state of mind] sought to be proved by the evidence are as follows:
( particulars )
Date:
(
signature of party or party's lawyer )
( name of party or party's lawyer )
(
address )
*( delete if, or whichever is, inapplicable )