Section 92 — Evidence Act 1995 (NSW)

(1) Section 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, section 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 89A — Evidence of silence in criminal proceedings for serious indictable offences
• 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 NSW and High Court caselaw by meaning — every answer cited to the paragraph.