For hearsay evidence to be admitted under s 65(2)(b) of the Evidence Act 2008 (Vic), there must be evidence enabling a judgment as to the temporal connection between the asserted fact and the making of the representation; vague, non-specific and undated representations will not satisfy this requirement. Under s 65(2)(c), the onus of proving high probability of reliability rests on the party invoking the section, and vague or conclusionary evidence without evidence of the circumstances of making will not suffice. Where evidence of a conversation is given through an interpreter, the interpreter must be called to verify the accuracy of the translation, and failure to do so may give rise to a miscarriage of justice even where no objection was taken at trial.
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