Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 67

  (1)   Subsections   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 section.

  (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 subsection   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.