Interlocutory appeals from tendency evidence rulings under s 97 of the Evidence Act 2008 (Vic) are governed by the House v The King standard, requiring demonstration of error rather than mere disagreement. For tendency evidence under s 97, striking similarities are not required — the test is distinct from coincidence evidence under s 98. However, where complainants are closely related and there is evidence of communication about the alleged offending, a voir dire into collaboration or contamination may be required before tendency evidence can be admitted.
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