Evidence Act 2011

The court may, on the application of a party, direct that the tendency rule is not to apply to particular tendency evidence despite the party’s failure to give notice under section 97 (The tendency rule).

The court may, on the application of a party, direct that the coincidence rule is not to apply to particular coincidence evidence despite the party’s failure to give notice under section 98 (The coincidence rule).

The application may be made either before or after the time by which the party would, apart from this section, be required to give, or to have given, the notice.

In a civil proceeding, the party’s application may be made without notice of it having been given to 1 or more of the other parties.

The direction—

is subject to the conditions (if any) the court thinks fit; and

may be given at or before the hearing.

Without limiting the court’s power to impose conditions under this section, the conditions may include 1 or more of the following:

a condition that the party give notice of its intention to present the evidence to a stated party, or to each party other than a stated party;

a condition that the party give the notice only in relation to stated tendency evidence, or all tendency evidence that the party intends to present other than stated tendency evidence;

a condition that the party give the notice only in relation to stated coincidence evidence, or all coincidence evidence that the party intends to present other than stated coincidence evidence.