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CIVIL PROCEDURE ACT 2010 - SECT 49 Court's power to order and direct trial procedures and conduct of hearing

CIVIL PROCEDURE ACT 2010 - SECT 49

Court's power to order and direct trial procedures and conduct of hearing

    (1)     In addition to any other power a court may have, a court may give any direction or make any order it considers appropriate to further the overarching purpose in relation to the conduct of the hearing in a civil proceeding.

    (2)     A direction or an order under subsection (1) may be given or made by the court at any time—

        (a)     before a hearing commences; or

        (b)     during a hearing.

    (3)     Without limiting subsection (1), a court may give any direction or make any order it considers appropriate with respect to—

        (a)     the order in which evidence is to be given and addresses made;

        (b)     the order in which questions of fact are to be tried;

        (c)     limiting the time to be taken by a trial, including the time a party may take to present the party's case;

        (d)     witnesses, including—

              (i)     limiting the time to be taken in examining, cross-examining or re-examining witnesses;

              (ii)     not allowing cross-examination of particular witnesses;

S. 49(3)(d)(iii) amended by No. 62/2012 s. 9.

              (iii)     limiting the number of witnesses that a party may call;

        (e)     limiting the issues or matters that may be the subject of examination or cross-examination;

        (f)     limiting the length or duration of written and oral submissions;

        (g)     limiting the numbers of documents to be prepared or that a party may tender in evidence;

        (h)     the preparation by the parties of an agreed bundle of documents for use in the proceeding or a schedule summarising business records or other documents;

              (i)     the place, time and mode of trial;

        (j)     evidence, including, but not limited to whether evidence in chief should be given orally, by affidavit or by witness statement;

        (k)     costs, including the proportions in which the parties are to bear any costs;

        (l)     any other matter specified in rules of court.

S. 50

repealed by No. 62/2012 s. 5,

new s. 50 inserted by No. 25/2014 s. 5.