(SCR o 39 r 2; NSW r 31.8 and r 31.9; Qld r 395)
(1) A party to a civil proceeding may rely on evidence given or an affidavit filed in another proceeding or in an earlier stage of the same proceeding.
(2) The party must give all other active parties to the proceeding 2 days notice of the party's intention to rely on the evidence.
(3) However, if the notice is not given to any other active party, the party may only rely on the evidence or the affidavit with the court's leave.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave under this rule.