Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 16.05

Trial management

(1) The court, having regard to the main purpose of these Rules, may make any order about the conduct of the trial, including an order:
(a) related to:

(i)
the issues on which the court requires evidence;
(ii)
the nature of the evidence required to decide the issues;
(iii)
the number of witnesses a party may call on a particular issue;
(iv)
how the evidence is to be adduced;
(v)
excluding inadmissible evidence; and
(vi)
the time to be taken for evidence in chief, cross-examination or re-examination of a witness and submissions;
(b)
requiring submissions to be made in a specified way;

(c)
limiting the duration of an oral submission, or of the length of a written submission or affidavit;

(d)
limiting the time for presentation of a party's case; and

(e)
determining the duration of the trial.

(2) The court must not make an order under subrule (1) that detracts from:

(a)
the attainment of justice;

(b)
each party's entitlement to a fair and just hearing; or

(c)
each party being given a reasonable opportunity to adduce evidence, cross-examine and re-examine witnesses, and to address the court.



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