Reference no: EM133474491

Not long after the proceedings were commenced, Lauren ended her relationship with Gaetz. She realised that it was just a crush and it was over. Their parting of ways seemed amicable to Lauren. Although Gaetz was bewildered at first and beseeched her to reconsider, eventually he seemed resigned to it. Lauren was even able to extract a promise from Gaetz to give evidence for her at the hearing in due course to support her claim against Gosar.

Before he moved out, Lauren obtained a written statement from Gaetz regarding the cause of the collision. According to Gaetz's statement, he had observed Gosar speeding and driving "all over the place" in his rear-view mirror. He stated that Gosar kept switching lanes as if he was in a hurry and this eventually led to the accident. He further stated that Gosar's Patrol clipped the right rear side of Lauren's Roadster while trying to overtake and this caused the Roadster to spin out of control and crash into the road divider barrier.

After many months, the day of the hearing finally arrived. Lauren gave evidence first as the plaintiff in her claim against Gosar. In examination-in-chief, Lauren testified that she was the front-seat passenger of her car. She asserted that Gosar's recklessness or negligence caused the collision when his Patrol clipped the right rear side of her Roadster which made her car spin and crash. Lauren also tendered into evidence the invoices for the costs of repairing her Roadster and hiring a rental car while it was under repair.

After completing her testimony (and cross-examination), Lauren called Gaetz to give evidence in support of her claim. She fully expected him to testify according to the statement he had given her and corroborate her testimony. To Lauren's surprise, Gaetz gave evidence that he was unsure what exactly happened. He testified that the accident happened "so suddenly, and out of the blue" that he could not be sure how it occurred. He said he only had a vague recollection and could not remember much, but maintained it was not his fault. He apologised for not being more precise, stating that he has a poor memory.

Lauren is annoyed. She has a nagging feeling that Gaetz may be trying to sabotage her in revenge for her "dumping" him. On the other hand, having been in a relationship with him, Lauren is also aware that Gaetz can indeed sometimes be absent-minded.

Question

At this stage, Gaetz's written statement in paragraph 9 of the Facts above is not in evidence.

With reference to the relevant provision(s) under Part 2.1, Divisions 3 and 4 of the Evidence Act 2008 (Vic) and any relevant caselaw, discuss the option(s) open to Lauren to try to get Gaetz to testify according to the statement that he had given her earlier.
If there is more than 1 option, discuss the pros and cons of each option and show why one option is preferable over the other(s).