EVIDENCE ACT 1995 - SECT 37 Leading questions
EVIDENCE ACT 1995 - SECT 37
Leading questions(1) A leading question must not be put to a witness in examination in chief or in re - examination unless:
(b) the question relates to a matter introductory to the witness's evidence; or
(c) no objection is made to the question and (leaving aside the party conducting the examination in chief or re - examination) each other party to the proceeding is represented by an Australian legal practitioner, legal counsel or prosecutor ; or
(d) the question relates to a matter that is not in dispute; or
(e) if the witness has specialised knowledge based on the witness's training, study or experience--the question is asked for the purpose of obtaining the witness's opinion about a hypothetical statement of facts, being facts in respect of which evidence has been, or is intended to be, given.
(2) Unless the court otherwise directs, subsection ( 1) does not apply in civil proceedings to a question that relates to an investigation, inspection or report that the witness made in the course of carrying out public or official duties.
(3) Subsection ( 1) does not prevent a court from exercising power under rules of court to allow a written statement or report to be tendered or treated as evidence in chief of its maker.
Note: Leading question is defined in the Dictionary.