Commonwealth Consolidated Acts

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EVIDENCE ACT 1995 - 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:

  (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 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.


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