Evidence Act 1995

Subsections 63(2), 64(2) and 65(2), (3) and (8) do not apply to evidence adduced by a party unless that party has given reasonable notice in writing to each other party of the party’s intention to adduce the evidence.

Notices given under subsection (1) are to be given in accordance with any regulations or rules of court made for the purposes of this section.

The notice must state:

the particular provisions of this Division on which the party intends to rely in arguing that the hearsay rule does not apply to the evidence; and

if subsection 64(2) is such a provision—the grounds, specified in that provision, 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 one or more of those subsections is to apply despite the party’s failure to give notice.

The direction:

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

in particular, may provide that, in relation to specified evidence, the subsection or subsections concerned apply with such modifications as the court specifies.