If you are unrepresented for hearing, when do you have to fill evidence for your defence?
On the day or earlier?
On the day or earlier?
NSW Defended hearings question
- Thread starter Hellomyonlyfriend
- Start date
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The guidelines for the submission of evidence when you are unrepresented in the hearing are predominantly governed by the legislation outlined in the Federal Circuit and Family Court Rules 2021, specifically referring to regulations 33.28 and 33.29. It stipulates that an individual must submit all evidence essential to their defence no later than five business days before the hearing of the appeal. This incorporates but is not limited to any documents, statements, exhibits or any material significant to the charge(s).
This concept applies to respondents as well, whereby they are given a slightly different timeframe, as in their case, they must file their evidence no later than four business days prior to the hearing of the appeal (section 33.28 paragraph b). Moreover, the rules are strict about the further evidence on appeal, where if a party wishes to apply for the Court to receive further evidence, the application must be filed at least 21 days before the hearing of the appeal (section 33.29).
The Defence Force Discipline Act 1982 also outlines the order of witnesses and submissions in Rule 12, where the prosecution case is presented first before the defence case, and the accused person is under no obligation to give or call evidence.
There are additional pieces of legislation that guide this process including examples from the District Court Act 1973 No. 9 and the Crimes (Appeal and Review) Act 2001 No. 59 which stipulate timeframes, how to lodge evidence and suggest the process of presenting a case in the absence of representation.
Cases such as the Magistrates Court Act 1989, imply that evidence should be submitted before the trial, ideally 28 days prior to best practice. Therefore, it is clear from the cited legislation and cases, that submitting supporting evidence as early as possible, allows for fair and reasonable opportunity for parties to review such evidence and prepare their case adequately, while also maintaining the efficient dispensation of justice."
"
The guidelines for the submission of evidence when you are unrepresented in the hearing are predominantly governed by the legislation outlined in the Federal Circuit and Family Court Rules 2021, specifically referring to regulations 33.28 and 33.29. It stipulates that an individual must submit all evidence essential to their defence no later than five business days before the hearing of the appeal. This incorporates but is not limited to any documents, statements, exhibits or any material significant to the charge(s).
This concept applies to respondents as well, whereby they are given a slightly different timeframe, as in their case, they must file their evidence no later than four business days prior to the hearing of the appeal (section 33.28 paragraph b). Moreover, the rules are strict about the further evidence on appeal, where if a party wishes to apply for the Court to receive further evidence, the application must be filed at least 21 days before the hearing of the appeal (section 33.29).
The Defence Force Discipline Act 1982 also outlines the order of witnesses and submissions in Rule 12, where the prosecution case is presented first before the defence case, and the accused person is under no obligation to give or call evidence.
There are additional pieces of legislation that guide this process including examples from the District Court Act 1973 No. 9 and the Crimes (Appeal and Review) Act 2001 No. 59 which stipulate timeframes, how to lodge evidence and suggest the process of presenting a case in the absence of representation.
Cases such as the Magistrates Court Act 1989, imply that evidence should be submitted before the trial, ideally 28 days prior to best practice. Therefore, it is clear from the cited legislation and cases, that submitting supporting evidence as early as possible, allows for fair and reasonable opportunity for parties to review such evidence and prepare their case adequately, while also maintaining the efficient dispensation of justice."
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