Australian Capital Territory Current Acts

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Waiver of rules of evidence

    (1)     The court may, if the parties consent, by order dispense with the application of any 1 or more of the provisions of—

        (a)     division 2.1.3 (General rules about giving evidence), division 2.1.4 (Examination-in-chief and re-examination) or division 2.1.5 (Cross-examination); or

        (b)     part 2.2 (Documents) or 2.3 (Other evidence); or

        (c)     parts 3.2 to 3.8;

in relation to particular evidence or generally.

    (2)     In a criminal proceeding, a defendant's consent is not effective for subsection (1) unless—

        (a)     the defendant has been advised to consent by the defendant's Australian legal practitioner or legal counsel; or

        (b)     the court is satisfied that the defendant understands the consequences of giving the consent.

    (3)     In a civil proceeding, the court may order that any 1 or more of the provisions mentioned in subsection (1) do not apply in relation to evidence if—

        (a)     the matter to which the evidence relates is not genuinely in dispute; or

        (b)     the application of the provisions would cause or involve unnecessary expense or delay.

    (4)     Without limiting the matters that the court may take into account in deciding whether to exercise the power given by subsection (3), it must take into account—

        (a)     the importance of the evidence in the proceeding; and

        (b)     the nature of the cause of action or defence and the nature of the subject matter of the proceeding; and

        (c)     the probative value of the evidence; and

        (d)     the powers of the court (if any) to adjourn the hearing, to make another order or to give a direction in relation to the evidence.

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