Commonwealth Consolidated Regulations

EVIDENCE REGULATIONS 2018 - REG 7

  (1)   This section is made for the purpose of section   99 of the Act.

  (2)   A notice given under subsection   97(1) of the Act (relating to the tendency rule) must state:

  (a)   the substance of the evidence of the kind referred to in that subsection that the party giving the notice intends to adduce; and

  (b)   if that evidence consists of, or includes, evidence of the conduct of a person, particulars of:

  (i)   the date, time, place and circumstances at or in which the conduct occurred; and

  (ii)   the names of each person who saw, heard or otherwise perceived the conduct; and

  (iii)   in a civil proceeding--the address of each person so named;

    so far as they are known to the notifying party.

  (3)   A notice given under subsection   98(1) of the Act (relating to the coincidence rule) must state:

  (a)   the substance of the evidence of the occurrence of 2 or more events that the party giving the notice intends to adduce; and

  (b)   particulars of:

  (i)   the date, time, place and circumstances at or in which each of those events occurred; and

  (ii)   the names of each person who saw, heard or otherwise perceived each of those events; and

  (iii)   in a civil proceeding--the address of each person so named;

    so far as they are known to the notifying party.

  (4)   On the application of a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice mentioned in this section.

  (5)   The direction may be given on the terms the court considers appropriate.