What does this mean in practice? Interpretation of the Evidence Act

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SarahT

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2 July 2020
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Evidence Act 2008

Part 3.5—Evidence of judgments and convictions
91 Exclusion of evidence of judgments and convictions


  • (1) Evidence of the decision, or of a finding of fact, in an Australian or overseas proceeding is not admissible to prove the existence of a fact that was in issue in that proceeding.
Does this effectively mean that a fact found in a previous hearing cannot be quoted as or assumed to be a fact In a subsequent hearing without the hearing of evidence etc in order to come to an independent conclusion that the fact exists?
 

Tim W

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28 April 2014
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It crayon, it means that the fact that you "did something before" is not proof that you "did 'it' this time".