Victorian Consolidated Legislation

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Legal Aid Act 1978 - SECT 40L

Admissibility of evidence

40L. Admissibility of evidence



(1) The following is not admissible in evidence in any court or legal
proceeding-

   (a)  anything said at or during the course of;

   (b)  any admission or agreement made at or during the course of;

   (c)  any document prepared for the purposes of, or in the course of, or as
        a result of-

an alternative dispute resolution program.



(2) Subsection (1) does not apply in the following circumstances-

   (a)  if all the parties to an alternative dispute resolution program and
        VLA consent to the admission of the evidence or document;

   (b)  if the parties to an alternative dispute resolution program have
        created any-

   (i)  note; or

   (ii) record; or

   (iii) minute of orders- signed by the parties for the express purpose of
        submitting it to a court, for admission in evidence;

   (c)  if there are reasonable grounds to believe that the admission of the
        evidence or document is necessary to prevent or minimise the danger of
        injury to a person or damage to property.



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