WA allowable evidence for trial

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SP3

Well-Known Member
7 February 2018
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0
121
In a dividing fences dispute which is heading for trial, what evidence is permissable? For example. Is an email from a building surveyor saying the fence is a "sufficient" fence OK to present to the court without the building surveyor appearing as a witness?
Is a signed statement from a tenant OK to use as evidence without the tenant being a witness?
Is an excerpt from the Government dividing fences guide OK as evidence?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
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Sydney
Two ways to answer this.

Yes, documents can be acceptable.
No, the people can't always and automatically escape being summonsed
by providing a document instead.
If you want, or need, them to appear, they can be made to.
 

SP3

Well-Known Member
7 February 2018
29
0
121
Two ways to answer this.

Yes, documents can be acceptable.
No, the people can't always and automatically escape being summonsed
by providing a document instead.
If you want, or need, them to appear, they can be made to.
OK, Thanks for your response.