Licensing, Liquor & Gaming
10. Evidence at a Hearing
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 06 Aug 2015
- The court rules of evidence do not apply at hearings before a commission. This means that the commission can decide what evidence it will hear as it sees appropriate.
- A commission must still make sure that all hearings are fair and that you do not suffer any disadvantage because it has allowed irrelevant or unfair material to be admitted into the evidence of the hearing.
- A commission will also try to make sure that you are treated justly and are given the opportunity to have your say.
- Parties can make submissions in a hearing. These are verbal or written arguments that summarise your case.
- Submissions must be relevant to the issues in the hearing.
- To save time and help your case to run efficiently it is a good idea to give all parties in the hearing a copy of the documents and material you plan to rely on in the hearing.
- Of course you do not need to give them any documents that are confidential such as business or financial records.
- You should also give them a general summary or outline of your main arguments.
- You do not need to give them all the details of your arguments. The idea is to give them enough information so that there are no surprises and no need for them to ask for an adjournment.
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