Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 15.74

Hearsay evidence — notice under section 67 of the Evidence Act 1995
A Notice of Previous Representation for subsection 67 (1) of the Evidence Act 1995 must be attached to an affidavit that sets out evidence of the previous representation.

Note 1
Subsection 67 (1) of the Evidence Act 1995 provides that specified exceptions to the hearsay rule do not apply to evidence unless the party adducing the evidence gives reasonable written notice. For the relevant specified exceptions, see subsections 63 (2) and 64 (2) of that Act. See subsection 67 (3) of the Evidence Act 1995 and regulation 5 of the Evidence Regulations for the requirements for a notice under section 67.
Note 2
Subject to sections 4 and 5 of the Evidence Act 1995 , that Act does not apply to the Family Court of Western Australia or any other court of a State.



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