Victorian Consolidated Legislation

Evidence Act 2008 - SECT 57

Provisional relevance

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.