Section 92 — Evidence Act 1995 (Cth)

(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.

Related sections

• s 89 — Evidence of silence
• s 90 — Discretion to exclude admissions
• s 91 — Exclusion of evidence of judgments and convictions
• s 93 — Savings
• s 94 — Application
• s 95 — Use of evidence for other purposes

Research how courts apply s 92

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