Section 63 — Evidence Act 1995 (Cth)

(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.

Note 1: Section 67 imposes notice requirements relating to this subsection.

Note 2: Clause 4 of Part 2 of the Dictionary is about the availability of persons.

Related sections

• s 60 — Exception: evidence relevant for a non‑hearsay purpose
• s 61 — Exceptions to the hearsay rule dependent on competency
• s 62 — Restriction to “first‑hand” hearsay
• s 64 — Exception: civil proceedings if maker available
• s 65 — Exception: criminal proceedings if maker not available
• s 66 — Exception: criminal proceedings if maker available

Research how courts apply s 63

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.