• Specific Year
    Any

EVIDENCE ACT 1995 - SECT 57 Provisional relevance

EVIDENCE ACT 1995 - SECT 57

Provisional relevance

  (1)   If the determination of the question whether evidence adduced by a party is relevant depends on the court making another finding (including a finding that the evidence is what the party claims it to be), the court may find that the evidence is relevant:

  (a)   if it is reasonably open to make that finding; or

  (b)   subject to further evidence being admitted at a later stage of the proceeding that will make it reasonably open to make that finding.

  (2)   Without limiting subsection   ( 1), if the relevance of evidence of an act done by a person depends on the court making a finding that the person and one or more other persons had, or were acting in furtherance of, a common purpose (whether to effect an unlawful conspiracy or otherwise), the court may use the evidence itself in determining whether the common purpose existed.