In civil proceedings, which of the following is a critical factor for admitting hearsay evidence?

In civil proceedings, the admission of hearsay evidence hinges on the principle that such evidence should not cause undue delay or expense. This is important because the court aims to conduct proceedings in a manner that is efficient and does not waste resources. Hearsay, which is a statement made outside of court intended to prove the truth of the matter asserted, can sometimes complicate these proceedings. Therefore, if the introduction of hearsay evidence is likely to lead to significant delays or increased costs—through, for example, the need for additional witnesses or further investigations—it may be deemed inadmissible.

In contrast, while the availability of the maker of a statement can be relevant in some contexts, it is not a formal necessity for hearsay evidence in civil cases in Queensland. Similarly, hearsay evidence does not always require corroboration from another source. Lastly, while some forms of evidence, such as affidavits, may need to be presented in writing for specific procedural reasons, the general requirement for hearsay does not specifically dictate that it must be in written form. The overarching concern in the context of civil proceedings is to maintain the efficient administration of justice, thereby emphasizing the importance of avoiding undue delays and expenses.