LAND AGENTS ACT 1994 - SECT 36

LAND AGENTS ACT 1994 - SECT 36

36—Determination, evidence and burden of proof

        (1)         In determining a claim for compensation under this Division, any possible reduction to which the claimant's entitlement may be subject because of insufficiency of the indemnity fund must be disregarded.

        (2)         In determining a claim for compensation under this Division—

            (a)         an admission or confession may be accepted as evidence of a fiduciary default despite the absence of the person by whom the admission or confession was made; and

            (b)         questions of fact are to be decided on the balance of probabilities.