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EVIDENCE ACT 1995 - SECT 92

Exceptions

  (1)   Subsection   91(1) does not prevent the admission or use of evidence of the grant of probate, letters of administration or a similar order of a court to prove:

  (a)   the death, or date of death, of a person; or

  (b)   the due execution of a testamentary document.

  (2)   In a civil proceeding, subsection   91(1) does not prevent the admission or use of evidence that a party, or a person through or under whom a party claims, has been convicted of an offence, not being a conviction:

  (a)   in respect of which a review or appeal (however described) has been instituted but not finally determined; or

  (b)   that has been quashed or set aside; or

  (c)   in respect of which a pardon has been given.

  (3)   The hearsay rule and the opinion rule do not apply to evidence of a kind referred to in this section.


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