Section 78 — Evidence Act 1995 (Cth)

Exception: lay opinions

The opinion rule does not apply to evidence of an opinion expressed by a person if:

(a) the opinion is based on what the person saw, heard or otherwise perceived about a matter or event; and

(b) evidence of the opinion is necessary to obtain an adequate account or understanding of the person’s perception of the matter or event.

Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 75 — Exception: interlocutory proceedings
s 76 — The opinion rule
s 77 — Exception: evidence relevant otherwise than as opinion evidence
s 78A — Exception: Aboriginal and Torres Strait Islander traditional laws and customs
s 79 — Exception: opinions based on specialised knowledge
s 80 — Ultimate issue and common knowledge rules abolished

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