Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAMILY LAW ACT 1975 - SECT 69ZX

Court's general duties and powers relating to evidence

             (1)  In giving effect to the principles in section 69ZN, the court may:

                     (a)  give directions or make orders about the matters in relation to which the parties are to present evidence; and

                     (b)  give directions or make orders about who is to give evidence in relation to each remaining issue; and

                     (c)  give directions or make orders about how particular evidence is to be given; and

                     (d)  if the court considers that expert evidence is required--give directions or make orders about:

                              (i)  the matters in relation to which an expert is to provide evidence; and

                             (ii)  the number of experts who may provide evidence in relation to a matter; and

                            (iii)  how an expert is to provide the expert's evidence; and

                     (e)  ask questions of, and seek evidence or the production of documents or other things from, parties, witnesses and experts on matters relevant to the proceedings.

             (2)  Without limiting subsection (1) or section 69ZR, the court may give directions or make orders:

                     (a)  about the use of written submissions; or

                     (b)  about the length of written submissions; or

                     (c)  limiting the time for oral argument; or

                     (d)  limiting the time for the giving of evidence; or

                     (e)  that particular evidence is to be given orally; or

                      (f)  that particular evidence is to be given by affidavit; or

                     (g)  that evidence in relation to a particular matter not be presented by a party; or

                     (h)  that evidence of a particular kind not be presented by a party; or

                      (i)  limiting, or not allowing, cross-examination of a particular witness; or

                      (j)  limiting the number of witnesses who are to give evidence in the proceedings.

             (3)  The court may, in child-related proceedings:

                     (a)  receive into evidence the transcript of evidence in any other proceedings before:

                              (i)  the court; or

                             (ii)  another court; or

                            (iii)  a tribunal;

                            and draw any conclusions of fact from that transcript that it thinks proper; and

                     (b)  adopt any recommendation, finding, decision or judgment of any court, person or body of a kind mentioned in any of subparagraphs (a)(i) to (iii).

Note:          This subsection may be particularly relevant for Aboriginal or Torres Strait Islander children.

             (4)  In proceedings under this Part in which the court is required to regard the best interests of the child as the paramount consideration:

                     (a)  subsection 126K(1) of the Evidence Act 1995 does not apply in relation to information that would:

                              (i)  reveal the identity of a journalist's source; or

                             (ii)  enable that identity to be discovered;

                            if the court considers that it is in the best interests of the child for the information to be disclosed; and

                     (b)  the court must not direct, under a law of a State or Territory relating to professional confidential relationship privilege specified in the regulations, that evidence not be adduced if the court considers that adducing the evidence would be in the best interests of the child.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback