The Council of the New South Wales Bar Association v Franklin [2014] NSWCA 329

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Council of the New South Wales Bar Association v Franklin [2014] NSWCA 329 Hearing dates: 14 August 2014 Decision date: 19 September 2014 Before: Beazley P at [1]; Meagher JA at [2]; Leeming JA at [23] Decision: (1) Rule that the hearsay rule does not apply to the documents referred to in the Schedule to the reasons of Meagher JA. (2) Order that costs of the applicant's motion be costs in the cause. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EVIDENCE - advance ruling as to admissibility of evidence - hearsay evidence - where applicant seeks to tender transcripts of evidence from respondent's criminal trial - notice of intention to adduce hearsay evidence where maker available to be called - where no written objection to tender - Evidence Act 1995 (NSW), ss 64, 67, 68 Legislation Cited: Crimes Act 1900 (NSW), s 578A Evidence Act 1995 (NSW), ss 59, 64, 67, 68, 190(3), 192A Evidence Regulation 2010, cl 4 Legal Profession Act 2004 (NSW), s 32 Cases Cited: De Rose v South Australia (No 4) [2001] FCA 1616 Fischer v Howe [2013] NSWSC 462; 85 NSWLR 67 Harrington-Smith v Western Australia (No 7) [2003] FCA 893; 130 FCR 424 Jones v Sutherland Shire Council [1979] 2 NSWLR 206 Walker v Walker [1937] HCA 44; 57 CLR 630 Texts Cited: Evidence (Interim) Report (ALRC 26), Vol 1 (1985) Category: Interlocutory applications Parties: Council of the New South Wales Bar Association (Applicant) Craig Andrew Franklin (Respondent) Representation: Counsel: Ms C Webster SC (Applicant) No appearance Solicitors: Hicksons (Applicant) File Number(s): 2013/337442