Section 73 — Evidence Act 1995 (NSW)

(1) The hearsay rule does not apply to evidence of reputation concerning—
(a) whether a person was, at a particular time or at any time, a married person, or
(b) whether 2 people cohabiting at a particular time were married to each other at that time, or
(c) a person’s age, or
(d) family history or a family relationship.
(2) In a criminal proceeding, subsection (1) does not apply to evidence adduced by a defendant unless—
(a) it tends to contradict evidence of a kind referred to in subsection (1) that has been admitted, or
(b) the defendant has given reasonable notice in writing to each other party of the defendant’s intention to adduce the evidence.
(3) In a criminal proceeding, subsection (1) does not apply to evidence adduced by the prosecutor unless it tends to contradict evidence of a kind referred to in subsection (1) that has been admitted.

Related sections

• s 70 — Exception: contents of tags, labels and writing
• s 71 — Exception: electronic communications
• s 72 — Exception: Aboriginal and Torres Strait Islander traditional laws and customs
• s 74 — Exception: reputation of public or general rights
• s 75 — Exception: interlocutory proceedings
• s 76 — The opinion rule

Research how courts apply s 73

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