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This is an approach endorsed by the Working Party. One model highlighted in the
Interim Report was from Western Australia, where O 34 r 5A of the Supreme Court
Rules provides :-
"(1)
A Judge may at any time by direction -
(a)
limit the time to be taken in examining, cross-examining or re-examining a
witness;
(b)
limit the number of witnesses (including expert witnesses) that a party may
call on a particular issue;
(c)
limit the time to be taken in making any oral submission;
(d)
limit the time to be taken by a party in presenting its case;
(e)
limit the time to be taken by the trial;
(f)
amend any such limitation;
(2)
In deciding whether to make any such direction, a Judge shall have regard to these
matters in addition to any other matters that may be relevant :-
(a)
the time limited for a trial must be reasonable;
(b)
any such direction must not detract from the principle that each party is
entitled to a fair trial;
(c)
any such direction must not detract from the principle that each party must be
given a reasonable opportunity to lead evidence and cross-examine witnesses;
(d)
the complexity or simplicity of the case;
(e)
the number of witnesses to be called by the parties;
(f)
the volume and character of the evidence to be led;
(g)
the state of the Court lists;
(h)
the time expected to be taken for the trial; and
(i)
the importance of the issues and the case as a whole."
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