Evidence of Judgments and Convictions

Question 1

Evidence of judgments and convictions

Answer 1

Evidence of a decision, or of a finding a fact, in an Australian or overseas proceeding is not admissible to prove the existence of a fact that was in issue in that proceeding, and may not be used to prove that fact even if it is admissible for another purpose (91). However this rule does not prevent the use of evidence of the grant of probate, letters of administration or similar to prove death or date of death of person or due execution of testamentary document or prevent the admission or use of evidence of final conviction in a civil proceeding.