Section 191 — Evidence Act 1995 (Cth)

(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.

Related sections

• s 188 — Impounding documents
• s 189 — The voir dire
• s 190 — Waiver of rules of evidence
• s 192 — Leave, permission or direction may be given on terms
• s 192A — Advance rulings and findings
• s 193 — Additional powers

Research how courts apply s 191

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.