Evidence Act 2011

A relevant exception does not apply to evidence presented by a party unless the party has given reasonable notice in writing to each other party of the party’s intention to present the evidence.

A notice given under subsection (1) must be given in accordance with any regulation or rules of court made for this section.

The notice must state—

each relevant exception on which the party intends to rely in arguing that the hearsay rule does not apply to the evidence; and

if section 64 (2) (Exception—civil proceedings if maker available) is to be relied on—the grounds, stated in the section, on which the party intends to rely.

Despite subsection (1), if notice has not been given, the court may, on the application of a party, direct that 1 or more relevant exceptions apply despite the party’s failure to give notice.

The direction—

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

in particular, may provide that, in relation to stated evidence, 1 or more relevant exceptions apply with the modifications the court states.

In this section:

section 63 (2) (Exception—civil proceedings if maker not available); or

section 64 (2) (Exception—civil proceedings if maker available); or

section 65 (2), (3) and (8) (Exception—criminal proceedings if maker not available).