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Clause 68

enables a party in civil proceedings to object to the tender of hearsay evidence where the maker of the representation is available, but has not been called to give evidence. Objections must be made in accordance with the stipulated notice and other requirements. If the objection is unreasonable the court may order that the party pay the costs incurred in relation to the objection and in calling the maker to give evidence. The Note to clause 68 sets out a difference between this Bill and the Commonwealth Act due to the different way Victorian courts ascertain costs. Division 3—Other exceptions to the hearsay rule