Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - SECT 192

Leave, permission or direction may be given on terms

  (1)   If, because of this Act, a court may give any leave, permission or direction, the leave, permission or direction may be given on such terms as the court thinks fit.

  (2)   Without limiting the matters that the court may take into account in deciding whether to give the leave, permission or direction, it is to take into account:

  (a)   the extent to which to do so would be likely to add unduly to, or to shorten, the length of the hearing; and

  (b)   the extent to which to do so would be unfair to a party or to a witness; and

  (c)   the importance of the evidence in relation to which the leave, permission or direction is sought; and

  (d)   the nature of the proceeding; and

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


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