Findings and admissions of fact in proceedings to be evidence
137H Findings and admissions of fact in proceedings to be evidence
In:
an action against a person under subsection 236(1) of the Australian Consumer Law; or
proceedings for an order against a person under subsection 237(1), 239(1), 243A(1) or 243B(1) of the Australian Consumer Law;
a finding of any fact made by a court, or an admission of any fact made by the person, is prima facie evidence of that fact if the finding or admission is made in proceedings to which subsection (3) of this section applies.
The finding or admission may be proved by production of:
in any case—a document under the seal of the court from which the finding or admission appears; or
in the case of an admission—a document from which the admission appears that is filed in the court.
This subsection applies to proceedings under section 228, 232, 246, 247 or 248 of the Australian Consumer Law, or for an offence against a provision of Chapter 4 of the Australian Consumer Law, in which the person has been found:
to have contravened a provision of Chapter 2, 3 or 4 of the Australian Consumer Law; or
to have attempted to contravene such a provision; or
to have aided, abetted, counselled or procured a person to contravene such a provision; or
to have induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene such a provision; or
to have been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or
to have conspired with others to contravene such a provision.
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