(1) The court may, if the parties consent, by order dispense with the application of any one or more of the provisions of—
(a) Division 3 of Part 11;
(b) Divisions 1 to 6, inclusive, of Part 4; or
(c) Division 2 of Part 5,
in relation to particular evidence or generally.
(2) In criminal proceedings, the consent of a defendant is not effective for the purposes of subsection (1) unless—
(a) the defendant is represented by an attorney-at-law; or
(b) the court is satisfied that the defendant understands the consequences of giving the consent.
(3) In civil proceedings, the court may order that anyone or more of the provisions mentioned in subsection (1) do not apply in relation to evidence if—
(a) the matter to which the evidence relates is not genuinely in dispute; or
(b) the application of those provisions would cause or involve unnecessary expense or delay.
(4) In determining whether to exercise the power conferred by subsection (3), the matters that the court shall take into account include—
(a) the importance of the evidence in the proceeding;
(b) the nature of the cause of action or defence and the nature of the subject-matter of the proceeding;
(c) the probative value of the evidence; and
(d) the powers of the court, if any, to adjourn the hearing, to make some other order or to give a direction in relation to the evidence.