National Consumer Credit Protection Act 2009
A party (the adducing party ) to proceedings may, not less than 14 days before the first day of the hearing of the proceedings, give to another party to the proceedings written notice that the adducing party:
(a) will apply to have admitted in evidence in the proceedings specified statements made at an examination; and
(b) for that purpose, will apply to have evidence of those statements admitted in the proceedings. 306(2) [ Content of notice in subsection (1)]
A notice under subsection (1) must set out, or be accompanied by writing that sets out, the specified statements.
306(3) [ Receiving party to give notice]Within 14 days after a notice is given under subsection (1), the other party may give to the adducing party a written notice:
(a) stating that the other party objects to specified statements being admitted in evidence in the proceedings; and
(b) specifies, in relation to each of those statements, the grounds of objection. 306(4) [ Extension of time]
The period prescribed by subsection (3) may be extended by the court or tribunal or by agreement between the parties concerned.
306(5) [ Copy to be given to court or tribunal]On receiving a notice given under subsection (3), the adducing party must give to the court or tribunal a copy of:
(a) the notice under subsection (1) and any writing that subsection (2) required to accompany that notice; and
(b) the notice under subsection (3). 306(6) [ Court powers following compliance with subsection (5)]
If subsection (5) is complied with, the court or tribunal may either:
(a) determine the objections as a preliminary point before the hearing of the proceedings begins; or
(b) defer determination of the objections until the hearing. 306(7) [ Conditions to making objections during proceedings]
If a notice has been given in accordance with subsections (1) and (2), the other party is not entitled to object at the hearing of the proceedings to a statement specified in the notice being admitted in evidence in the proceedings, unless:
(a) the other party has, in accordance with subsection (3), objected to the statement being so admitted; or
(b) the court or tribunal gives the other party leave to object to the statement being so admitted.
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