Waiver of rules of evidence
190 Waiver of rules of evidence
The court may, if the parties consent, by order dispense with the application of any one or more of the provisions of:
Division 3, 4 or 5 of Part 2.1; or
Part 2.2 or 2.3; or
Parts 3.2 to 3.8;
in relation to particular evidence or generally.
Matters related to evidence in child‑related proceedings (within the meaning of the Family Law Act 1975), and property or other non‑child‑related proceedings (within the meaning of that Act), are dealt with by Division 4 of Part XI of that Act.
In a criminal proceeding, a defendant’s consent is not effective for the purposes of subsection (1) unless:
the defendant has been advised to do so by his or her Australian legal practitioner or legal counsel; or
the court is satisfied that the defendant understands the consequences of giving the consent.
In a civil proceeding, the court may order that any one or more of the provisions mentioned in subsection (1) do not apply in relation to evidence if:
the matter to which the evidence relates is not genuinely in dispute; or
the application of those provisions would cause or involve unnecessary expense or delay.
Without limiting the matters that the court may take into account in deciding whether to exercise the power conferred by subsection (3), it is to take into account:
the importance of the evidence in the proceeding; and
the nature of the cause of action or defence and the nature of the subject matter of the proceeding; and
the probative value of the evidence; and
the powers of the court (if any) to adjourn the hearing, to make another order or to give a direction in relation to the evidence.
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