Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 68

68. (1) In a civil proceeding, if the notice discloses that it is not intended
to call the person who made the previous representation concerned 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 notice has been given, object to the tender of the
        evidence, or of a specified part of the evidence.

(2) The objection is to 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, determine the objection at
or before the hearing.

(4) If the objection is unreasonable, the court may order that, in any event,
the party objecting is to bear the costs (ascertained on a solicitor and
client basis) incurred by another party:

   (a)  in relation to the objection; and

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