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Section 21: Case managing trials
Proposal 41
Rules conferring express powers on the court to case manage trials, including powers to
exclude otherwise admissible evidence and to limit cross-examination and submissions by
counsel should be adopted, with the proviso that the exercise of such powers is subject to the
parties' entitlement to receive a fair trial and a reasonable opportunity to lead evidence,
cross-examine and make submissions.
A rule along the lines of O 34 r 5A of the Western Australian Rules of the Supreme Court
should be adopted, setting out the court's powers of case management in relation to trials,
together with a practice direction providing that such powers should primarily be exercised
at the pre-trial review.
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