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Hearing does not involve giving evidence of a

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hearing does not involve giving evidence of a previous representation for the purposes of thehearsay rule, even where the deponent is not called-S 170-173 permit affidavit evidence of facts to be proved in relation to documents under s 63-For the purposes of determining the application of s 63 or other sections of the Act to a document, the court mayexamine the document and draw any reasonable inferences from it: s 183Discretions: s 135, 136-A court may refuse to admit evidence, otherwise admissible under s 63, in the exercise of its discretion under s135-A court could limit the use to be made of the evidence, if there is a danger that a particular use might be unfairlyprejudicial to a party, or be misleading or confusing: s 13664 Exception: civil proceedings if maker available(1)This section applies in a civil proceeding if a person who made a previous representation is available to giveevidence about an asserted fact(2)The hearsay rule does not apply to:a.Evidence of the representation that is given by a person who saw, heard or otherwise perceived therepresentation being made; orb.A document so far as it contains the representation, or another representation to which it is reasonablynecessary to refer in order to understand the representationIf it would cause undue expense, or undue delay, or would not be reasonably practicable, to call the person whomade the representation to give evidence.Note: s 67 imposes notice requirements relating to this subsection, s 68 is about objections to notices that related tothis subsection(3)If the person who made the representation has been or is to be called to give evidence, the hearsay rule does notapply to evidence of the representation that is given by:a.That person; orb.A person who saw, heard or otherwise perceived the representation being made(4)A document containing a representation to which subsection (3) applies must not be tendered before theconclusion of the examination in chief of the person who made the representation, unless the court gives leave.Note: clause 4 of Part 2 of the Dictionary is about the availability of personsAbout this section-Section deals with two situations:oWhere the maker of the representation is not called, although available: (subsection (2)); andoWhere the maker is called to give evidence: (subsection (3) and (4))-In both situations, s 64 will only waive the operation of the hearsay rule if the maker had personal knowledge ofthe facts intentionally asserted in the representation (s 62), and, at the time of making the representation, themaker was competent to give evidence about the fact/s: s 61
-Calling the maker can be dispensed with if (s 64(2)):oIt would cause undue expense or delay or would not be reasonably practicable; andoNotice has been given or dispensed with under s 67; andoAn objection has not been made under s 68, or if it has, it has been determined favourably to theparty seeking to adduce the evidence-In these circumstances, the hearsay rule will not apply to:o

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Term
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Tags
Test, The Land, Legal burden of proof, Evidence law

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