Section 135 — Evidence Act 1995 (NSW)

General discretion to exclude evidence

The court may refuse to admit evidence if its probative value is substantially outweighed by the danger that the evidence might—
(a) be unfairly prejudicial to a party, or
(b) be misleading or confusing, or
(c) cause or result in undue waste of time.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 132 — Court to inform of rights to make applications and objections
s 133 — Court may inspect etc documents
s 134 — Inadmissibility of evidence that must not be adduced or given
s 136 — General discretion to limit use of evidence
s 137 — Exclusion of prejudicial evidence in criminal proceedings
s 138 — Exclusion of improperly or illegally obtained evidence

Research how courts apply s 135

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free