The exclusionary rules in the Evidence Act 1995 (NSW), including the hearsay rule (s 59) and the credibility rule (s 102), operate only 'over objection' — evidence that would be inadmissible under those provisions is nevertheless admissible if no objection is taken, and s 190 does not alter this position. Section 106 does not require a mechanistic approach where each proposition is individually put to the witness; it requires only that the substance of the evidence be put. The trial judge retains an overriding obligation to ensure a fair trial, which may require excluding evidence or directing the jury even absent objection.
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