Australian Capital Territory Current Acts

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Objections to tender of hearsay evidence in civil proceedings if maker available

    (1)     In a civil proceeding, if the notice discloses that it is not intended to call the person who made the previous representation because it—

        (a)     would cause undue expense or undue delay; or

        (b)     would not be reasonably practicable;

a party may, not later than 21 days after the day notice has been given, object to the tender of the evidence, or of a stated part of the evidence.

    (2)     The objection must be made by giving to each other party a written notice setting out the grounds on which the objection is made.

    (3)     The court may, on the application of a party, decide the objection at or before the hearing.

    (4)     If the objection is unreasonable, the court may order that, in any event, the party objecting must bear the costs incurred by another party

        (a)     in relation to the objection; and

        (b)     in calling the person who made the representation to give evidence.

Note     Subsection (4) differs from the Commonwealth Act

, s 68 (4) because of the different way costs are worked out by ACT courts.

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