Commonwealth Numbered Regulations

1997 No. 82 FEDERAL COURT RULES (AMENDMENT) - REG 9

9.1 Form 55F (Notice of appeal): Omit the Form.

9.2 Form 128 (Affidavit of prescribed information): Omit from the heading "17
(2),".

9.3 New Forms 144, 145, 146 and 147: After Form 143, insert:

"FORM 144 Notice of intention to adduce evidence of previous representation
(Order 33, rule 16) To: (insert full name of party to whom notice is to be
given) 1. I, (insert full name of party giving notice), give notice, under
section 67 of the Evidence Act 1995, that I intend to adduce evidence of a
previous representation and to argue that the hearsay rule does not apply to
the evidence in reliance on:

*(a) subsection 63 (2);

*(b) subsection 64 (2);
of that Act. 2. (As required by subregulation 5 (2) of the Evidence
Regulations, state:

   (a)  the substance of:

        (i)    the evidence of the previous representation that is intended to
               be adduced; and

        (ii)   any other relevant representation made by the person who made
               the previous representation, so far as it is known to the party
               giving the notice; and

   (b)  so far as it is known:

        (i)    the date, time, place and circumstances at or in which each
               representation mentioned in subparagraph (a) (i) or (ii) was
               made; and

        (ii)   the name and address of each person by whom, and each person to
               whom, the representation was made.
This requirement may be satisfied, in whole or in part, by referring to the
relevant paragraph, or part of a paragraph, of an affidavit, in which case a
copy of the affidavit must be attached.) 3. (Complete if you are relying on
paragraph 63 (2) (a) or (b) of the Evidence Act 1995.)

*Particulars of the facts on the basis of which I allege that the person who
made the representation is not available to testify concerning the fact to be
proved by the evidence of the representation are as follows:
(State particulars of the facts.) 4. (Complete if you are relying on paragraph
64 (2) (a) or (b) of the Evidence Act 1995.)

*It would:

*(a) cause:

*(i) undue expense;

*(ii) undue delay;

*(b) not be reasonably practicable to call the person who made the
representation to give evidence;
and particulars of the facts on which I will rely to establish *that
ground/*those grounds are as follows:
(State particulars of the facts.)



Dated:      eg 7 May 19




........................................ (Signed, party giving notice or
party's solicitor)

*Omit if not applicable.

"FORM 145
NOTICE OF OBJECTION TO TENDER OF HEARSAY EVIDENCE IF
MAKER OF REPRESENTATION AVAILABLE (Order 33, rule 17) To: (insert full name of
party to whom notice is to be given) 1. I, (insert full name of party giving
notice), give notice, under section 68 of the Evidence Act 1995, that I object
to the tender of evidence referred to in the Notice of Intention to Adduce
Evidence of Previous Representation served by (insert full name of party
giving notice under Order 33, rule 16) and dated (insert date of notice). 2.
(Specify:

   (a)  the ground on which the objection is made; and

   (b)  the part, or parts, of the evidence to which the ground of objection
        relates.)



Dated: eg 7 May 19



........................................ (Signed, party giving notice or
party's solicitor)

"FORM 146
NOTICE OF INTENTION TO ADDUCE TENDENCY EVIDENCE (Order 33, rule 18) To:
(Insert full name of party to whom notice is to be given) 1. I, (insert full
name of party giving notice), give notice, under subsection 97 (1) of the
Evidence Act 1995, that I intend to adduce evidence of character, reputation,
conduct or tendency to prove that (insert full name of person who it is
alleged has, or had, the tendency) has, or had, a tendency to act in a
particular way, or to have a particular state of mind. 2. (As required by
regulation 6 of the Evidence Regulations, state:

   (a)  the substance of the evidence of the kind referred to in subsection 97
        (1) of the Evidence Act 1995 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 - so far as it is known:

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

        (ii)   the name and address of each person who saw, heard or otherwise
               perceived the conduct.) 3. (Specify the character, reputation,
               conduct or tendency of which evidence is to be adduced.) 4.
               (Specify the tendency sought to be proved by the evidence.)



Dated: eg 7 May 19

........................................ (Signed, party giving notice or
party's solicitor)

"FORM 147
NOTICE OF INTENTION TO ADDUCE coincidence evidence (Order 33, rule 19) To:
(Insert full name of party to whom notice is to be given) 1. I, (insert full
name of party giving notice), give notice, under subsection 98 (1) of the
Evidence Act 1995, that I intend to adduce evidence of the occurrence of 2 or
more related events to prove that, because of the improbability of the events
occurring coincidentally, (insert the full name of the person who it is
alleged did a particular act, or had a particular state of mind), did a
particular act or had a particular state of mind. 2. (As required by
regulation 6 of the Evidence Regulations, state:

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

   (b)  so far as it is known:

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

        (ii)   the name and address of each person who saw, heard or otherwise
               perceived each event.) 3. (Specify the substance of any
               evidence in addition to the evidence given in paragraph 2 to be
               relied on to establish the improbability of 2 or more related
               events having occurred coincidentally.) 4. (Specify the
               particular act, or state of mind, sought to be proved by the
               evidence.)



Dated: eg 7 May 19

........................................ (Signed, party giving notice or
party's solicitor)"