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  • Evidence in child-related proceedings

General powers of the court relating to evidence

The Family Court retains wide powers to give directions or make orders about the manner and content of giving evidence and about the inclusion, content, manner of expert evidence pursuant to ss 69ZN and 69ZX. As the court is not strictly bound by the EA, it retains a discretion as to whether to admit improperly obtained evidence unless the desirability of admitting it outweighs not admitting it, based on such factors as the importance and probative value of the evidence and the nature of the subject matter.

See General powers of the court relating to evidence.