An accused person is a party to proceedings determining a witness's objection under s 18 of the Evidence Act 1995 (NSW) and has standing to make submissions, because the accused's legal interests are clearly affected by the determination. However, trial judges retain discretion to limit cross-examination and submissions to relevant matters. The Stead principle (that a denial of procedural fairness is immaterial if the outcome would have been the same) does not apply where a party receives no hearing at all.
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