Victorian Consolidated Legislation

Evidence Act 2008 - SECT 64

Exception-civil proceedings if maker available

64. 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 give evidence 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 the representation being made; or

   (b)  a document so far as it contains the representation, or another
        representation to which it is reasonably necessary to refer in order
        to understand the representation-

if it would cause undue expense or undue delay, or would not be reasonably
practicable, to call the person who made the representation to give evidence.
Note Section 67 imposes notice requirements relating to this subsection.
Section 68 is about objections to notices that relate to this subsection.

(3) If the person who made the representation has been or is to be called to
give evidence, the hearsay rule does not apply to evidence of the
representation that is given by-



   (a)  that person; or

   (b)  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 the conclusion 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
persons.