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1997 No. 82 FEDERAL COURT RULES (AMENDMENT) - REG 5
5. Order 33, new rules 16, 17, 18 and 19
5.1 After rule 15, insert: Notice of intention to adduce evidence of previous
representation - Form 144
"16. (1) This rule is made for the purposes of section 67 of the
Evidence Act 1995.
"(2) In this rule, 'notice of intention to adduce evidence of previous
representation' means a notice given under subsection 67 (1) of the
Evidence Act 1995.
"(3) A notice of intention to adduce evidence of previous representation:
(a) must be in accordance with Form 144; and
(b) may have attached to it an affidavit that sets out evidence of the
previous representation.
"(4) Compliance with paragraph (3) (a) may be dispensed with, in whole or in
part, if the Court is satisfied, having regard to all the circumstances,
including any affidavit that has been served, that the purpose of the
paragraph has been satisfied. Notice of objection to tender of hearsay
evidence if maker available - Form 145
"17. (1) This rule is made for the purposes of section 68 of the
Evidence Act 1995.
"(2) In this rule, 'notice of objection to tender of hearsay evidence if maker
available' means a notice given under subsection 68 (2) of the
Evidence Act 1995.
"(3) A notice of objection to tender of hearsay evidence if maker available
must be in accordance with Form 145.
"(4) Compliance with subrule (3) may be dispensed with, in whole or in part,
if the Court is satisfied, having regard to all the circumstances, including
any affidavit that has been served, that the purpose of the subrule has been
satisfied. Notice of intention to adduce tendency evidence - Form 146
"18. (1) This rule is made for the purposes of section 99 of the
Evidence Act 1995.
"(2) In this rule, 'notice of intention to adduce tendency evidence' means a
notice given under subsection 97 (1) of the Evidence Act 1995.
"(3) A notice of intention to adduce tendency evidence must be in accordance
with Form 146.
"(4) Compliance with subrule (3) may be dispensed with, in whole or in part,
if the Court is satisfied, having regard to all the circumstances, including
any affidavit that has been served, that the purpose of the subrule has been
satisfied. Notice of intention to adduce coincidence evidence - Form 147
"19. (1) This rule is made for the purposes of section 99 of the
Evidence Act 1995.
"(2) In this rule, 'notice of intention to adduce coincidence evidence' means
a notice given under subsection 98 (1) of the Evidence Act 1995 .
"(3) A notice of intention to adduce coincidence evidence must be in
accordance with Form 147.
"(4) Compliance with subrule (3) may be dispensed with, in whole or in part,
if the Court is satisfied, having regard to all the circumstances, including
any affidavit that has been served, that the purpose of the subrule has been
satisfied.".
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