His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Evidence Act 1995.
Attorney General
This Regulation is the Evidence Regulation 2000.
This Regulation commences on 1 May 2000.
In this Regulation:
In this Regulation, a reference to a Form is a reference to a form set out in Schedule 1.
Section 80 (1) and (2) of the Interpretation Act 1987 provide as follows:
(1) If an Act or statutory rule prescribes a form, strict compliance with the form is not necessary but substantial compliance is sufficient.
(2) If a form prescribed by an Act or instrument requires the form to be completed in a specified manner, or requires specified information to be included in, attached to or furnished with the form, the form is not duly completed unless it is completed in that manner and unless it includes, or has attached to or furnished with it, that information.
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
This clause is made for the purpose of section 67 of the Act.
A notice of previous representation must state:
(a) subject to subclause (6), the substance of evidence of a previous representation that the notifying party intends to adduce, and
(b) the substance of all other relevant representations made by the person who made that previous representation, so far as they are known to the notifying party, and
(c) particulars of:
(i) the date, time, place and circumstances at or in which each of the representations mentioned in paragraph (a) or (b) was made, and
(ii) the names of the persons by whom, and the persons to whom, each of those representations was made, and
(iii) in a civil proceeding—the address of each person so named, so far as they are known to the notifying party.
If a notifying party intends to rely on any of sections 63 (2) (a) or (b) or 65 (2) (a), (b), (c) or (d), (3) (a) or (b) or (8) (a) or (b) of the Act, the party’s notice of previous representation must state particulars of the facts on the basis of which it is alleged that the person who made a representation referred to in the notice is not available to testify concerning the fact to be proved by adducing evidence of that representation.
If a notifying party intends to rely on section 64 (2) (a) or (b) of the Act, the party’s notice of previous representation must state particulars of the facts that the party will rely on to establish the grounds specified in section 64…