Evidence (Miscellaneous Provisions) Act 1991

The court must refuse the leave sought under section 79E if not satisfied that the applicant has established a legitimate forensic purpose for seeking the leave.

To establish a legitimate forensic purpose, the applicant must—

identify a legitimate forensic purpose for seeking the leave; and

satisfy the court that there is an arguable case that the evidence in relation to which the leave is sought would materially assist the applicant’s case in the proceeding.

If the applicant is required to give notice of the application under section 79E, the court must not decide whether or not to refuse the application under this section until at least 14 days after the applicant has given the notice.

However, the court may make a decision in a shorter period after the notice has been given if satisfied it is in the interests of justice.

The court must decide whether or not to refuse the application under this section before it conducts a preliminary examination of the protected confidence evidence under section 79G.