Commonwealth Consolidated Regulations

EVIDENCE REGULATIONS - REG 6

(1)

This regulation is made for the purpose of section 99 of the Act.

(2)

A notice given under subsection 97 (1) of the Act (relating to the tendency rule) must state:

(a)

the substance of the evidence of the kind referred to in that subsection that the party giving the notice intends to adduce; and

(b)

if that evidence consists of, or includes, evidence of the conduct of a person, particulars of:

(i)

the date, time, place and circumstances at or in which the conduct occurred; and

(ii)

the names of each person who saw, heard or otherwise perceived the conduct; and

(iii)

in a civil proceeding — the address of each person so named;

so far as they are known to the notifying party.

(3)

A notice given under subsection 98 (1) of the Act (relating to the `coincidence' rule) must state:

(a)

the substance of the evidence of the occurrence of 2 or more related events that the party giving the notice intends to adduce; and

(b)

particulars of:

(i)

the date, time, place and circumstances at or in which each of those events occurred; and

(ii)

the names of each person who saw, heard or otherwise perceived each of those events; and

(iii)

in a civil proceeding — the address of each person so named;

so far as they are known to the notifying party.

(4)

On the application of a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice mentioned in this regulation.

(5)

The direction may be given on the terms the court considers appropriate.