We look to the High Court to clarify the law where uncertainty exists and to resolve disputes in the law when differences arise. In other words, we look for leadership and guidance from the High Court. Should the High Court fail to provide leadership and guidance the law is left to flounder. This is precisely what is happening in Australia with the law on hearsay and the recognition of new hearsay exceptions. Simply stated -the law is a mess. The recent decision of the High Court in Bannon v The Queen highlights the problem.