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EVIDENCE ACT 2008 - SECT 191 Agreements as to facts

EVIDENCE ACT 2008 - SECT 191

Agreements as to facts

    (1)     In this section, "agreed fact" means a fact that the parties to a proceeding have agreed is not, for the purposes of the proceeding, to be disputed.

    (2)     In a proceeding—

        (a)     evidence is not required to prove the existence of an agreed fact; and

        (b)     evidence may not be adduced to contradict or qualify an agreed fact

unless the court gives leave.

    (3)     Subsection (2) does not apply unless the agreed fact

S. 191(3)(a) amended by No. 17/2014 s. 160(Sch.  2 item 39.6).

        (a)     is stated in an agreement in writing signed by the parties or by Australian legal practitioners or prosecutors representing the parties and adduced in evidence in the proceeding; or

        (b)     with the leave of the court, is stated by a party before the court with the agreement of all other parties.