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Contents » Chapter 3 - ADMISSIBILITY OF EVIDENCE Introductory Note » Division 2 - "First-hand" hearsay

Clause 63 Exception—civil proceedings if maker not available

(1)This section applies in a civil proceeding if a person who made a previous representation is not 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.
1Section 67 imposes notice requirements relating to this subsection.
2Clause 4 of Part 2 of the Dictionary is about the availability of persons.