Section 57 — Evidence Act 1995 (NSW)

(1) If the determination of the question whether evidence adduced by a party is relevant depends on the court making another finding (including a finding that the evidence is what the party claims it to be), the court may find that the evidence is relevant—
(a) if it is reasonably open to make that finding, or
(b) subject to further evidence being admitted at a later stage of the proceeding that will make it reasonably open to make that finding.
(2) Without limiting subsection (1), if the relevance of evidence of an act done by a person depends on the court making a finding that the person and one or more other persons had, or were acting in furtherance of, a common purpose (whether to effect an unlawful conspiracy or otherwise), the court may use the evidence itself in determining whether the common purpose existed.

Related sections

• s 54 — Views to be evidence
• s 55 — Relevant evidence
• s 56 — Relevant evidence to be admissible
• s 58 — Inferences as to relevance
• s 59 — The hearsay rule—exclusion of hearsay evidence
• s 60 — Exception: evidence relevant for a non-hearsay purpose

Research how courts apply s 57

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.