Amendments to the Uniform Civil Procedure Rules
Fri Nov 18 2011The Uniform Civil Procedure Rules (Amendment No 49) 2011 have been published on the NSW Legislation web site and thus have come into effect. The object of these Rules is to require a party who intends to tender an audio-visual recording at a hearing to allow the other parties an opportunity to inspect the recording and agree to its admission without proof at least 7 days before the commencement of the hearing (extending the current requirement relating to plans, photographs and models). However, photographs and audio-visual recordings that are made or obtained for the purpose of testing the credibility of a witness may be tendered despite this requirement if the court is satisfied that the party seeking to tender the evidence had a legitimate forensic purpose for not giving the other parties an opportunity to inspect the item.
18 November 2011