NSW Tendering question

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Hellomyonlyfriend

Well-Known Member
15 August 2022
63
1
199
A solicitor withdrew at short notice, 10 minutes before hearing, and the prosecutor used my confusion and trying to get organised at having to self represent and lack of knowledge to tender some evidence without objection that was not served in the brief.

Can I know object to the tendered evidence at a later date of the hearing. I am having to self represent due to being unable to afford legal fees.
 

zaffin

Well-Known Member
9 October 2023
16
2
74
Hi
Hellomyonlyfriend, I'm using this new Aussie legal AI Tool, it gave m this response, think anyone can use it.

"In order to understand your question, it may be beneficial to examine certain legal provisions. For instance, we can look at some sections in the Federal Court Rules 2011.


Firstly, it is worth noting that under Rule 167C of Federal Court Rules 2011, for an individual representing themselves in a case (known as a self-represented accused), the court has a certain set of procedures for conducting the examination of a witness in a sexual offence proceeding, or those cases generally concerning conduct of a hearing.


Your question also points towards a concern with evidence that was tendered without your objection due to confusion and stress appear to relate with Rule 13 in the Criminal Procedure Rules 2012 states that if you plead not guilty, witness statements must be given to you at reasonable notice before the hearing to allow for preparation of your defence. This rule reinforces the issue relating to your confusion and potentially misleading tactics employed by the prosecutor.


On the matter of objecting to the already tendered evidence, Rule 11.69(c) seems to indicate that the court can hear any evidence supporting the allegation, regardless if it was objected to or not earlier. However, Rule 11.68 states that if a respondent fails to attend the hearing in person or by a lawyer, the court may decide against you or simply adjourn the trial. This could imply that the court may allow certain procedural irregularities when one party is not represented.


It is also noteworthy that under Rule 31AE, in the Consumer and Competition Act of 2010 noted that contracting out of agreements is prohibited, with any agreement to the contrary being void. Meanwhile, Rule 740 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal discretion to decide if a hearing will be open to the public or not.


Taking these rules and several others into account, it's a complex issue and the specifics will depend on the precise circumstances of your case, the jurisdiction you're in, and the specific rules of the court. But generally speaking, if you feel that the evidence was tendered unfairly or that you didn't have an opportunity to thoroughly review and prepare a case against it, you could argue that to the court.


However, it’s important to remember that best practice in preparing a formidable defense or understanding your rights would require the help of a professional legal practitioner."