Commonwealth Numbered Acts

FOREIGN EVIDENCE ACT 1994 No. 59 of 1994 - SECT 25

25.(1) The court may direct that foreign material not be adduced as evidence
if it appears to the court's satisfaction that, having regard to the interests
of the parties to the proceeding, justice would be better served if the
foreign material were not adduced as evidence.

(2) Without limiting the matters that the court may take into account in
deciding whether to give such a direction, it must take into account:

   (a)  the extent to which the foreign material provides evidence that would
        not otherwise be available; and

   (b)  the probative value of the foreign material with respect to any issue
        that is likely to be determined in the proceeding; and

   (c)  the extent to which statements contained in the foreign material
        could, at the time they were made, be challenged by questioning the
        persons who made them; and

   (d)  whether exclusion of the foreign material would cause undue expense or
        delay; and

   (e)  whether exclusion of the foreign material would unfairly prejudice any
        party to the proceeding.