Australian Capital Territory Current Acts

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EVIDENCE ACT 2011 - 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 presented to contradict or qualify an agreed fact;

unless the court gives leave.

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

        (a)     is stated in an agreement in writing signed by the parties or by Australian legal practitioners, legal counsel or prosecutors representing the parties and presented 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.



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