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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix A - The Chief Justice, Sir Laurence Street's Proposals for Amendments to the Evidence Act 1898

Report 56 (1988) - Evidence

Appendix A - The Chief Justice, Sir Laurence Street's Proposals for Amendments to the Evidence Act 1898

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History of this Reference (Digest)


Expeditious Disposal of Proceedings

1. Where a judge considers it desirable in the interests of the expeditious disposal of proceedings in the court, commission or tribunal to which he belongs, he may by direction limit or restrict the time which may be taken by any party in addressing, in adducing evidence in chief, in cross-examining or in adducing evidence in reply and may by direction limit or restrict the subject matters or topics or the scope of any subject matters or topics which may be canvassed in address, examination in chief, cross-examination or reply.

2. Without limiting the width or exercise of the power conferred by this section, a direction may be particular in limiting or restricting the time which may be taken or the scope which may be canvassed in respect of particular subject matters or topics or it may be general or it may be partly particular and partly general.

3. The power conferred by this section may be exercised in any proceedings whether civil or criminal, whether with or without a jury, and may be exercised at any stage of the proceedings whether before the commencement of or at the commencement of or during the currency of any hearing whether final or interlocutory within the proceedings.

4. A judge may at any time and from time to time vary in any way or wholly vacate any direction under this section.

5. The provisions of this section apply in proceedings in the Supreme Court, the Industrial Commission, the Land and Environment Court, the District Court, the Workers' Compensation Commission and such other, courts, commissions and tribunals as may by regulations under this Act be prescribed.

6. In this section judge means a judge or member of the court or commission or prescribed member of the tribunal and includes a master or magistrate.

7. The power conferred by this section may be exercised in any proceedings current when this section comes into force or commenced thereafter.

Affidavit Evidence

1. A judge may direct that the evidence in chief of any witness or the evidence in chief on behalf of any party on any matter or topic in any proceedings in the court, commission or tribunal to which he belongs be by affidavit and notwithstanding any procedural rules relating to affidavit evidence may make such ancillary or procedural orders in connection therewith as he may consider expedient.

2. Subject to any such ancillary or procedural order the procedural rules, if any, applicable in the court, commission or tribunal shall apply to any direction under this section.

3. The power conferred by this section may not be exercised in respect of any evidence to be tendered in a hearing with a jury but otherwise the power may be exercised in any proceedings whether civil or Criminal and may be exercised at any stage of the proceedings, whether before the commencement of or at the commencement of or during the currency of any hearing whether final or interlocutory within the proceedings and may be exercised notwithstanding that some evidence of the witness or on the matter or topic has already been given orally.

4. A judge may at any time and from time to time vary in any way or wholly vacate any direction under this section provided that no such variation or vacation shall affect the admissibility of any evidence or Affidavit which has already been tendered and admitted in consequence of a direction under this section.

5. The provisions of this section apply in proceedings in the Supreme Court, the Industrial Commission, the Land and Environment Court, the District Court, the Workers' Compensation Commission and such other courts, commissions and tribunals as may by regulations under this Act be prescribed.

6. In this section judge means a judge or member of the court or commission or prescribed member of the tribunal and includes a master or magistrate.

7. The power conferred by this section may be exercised in any proceedings current when this section comes into force or commenced thereafter.



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