Findings of fact or admissions in certain proceedings to be evidence in others
108 Findings of fact or admissions in certain proceedings to be evidence in others
In an action against a person under the Australian Consumer Law (WA) section 236(1) —
a finding of a fact by a court, or an admission of a fact by the person, in proceedings to which subsection (3) applies is prima facie evidence of that fact; and
the finding or admission may be proved by production of a document under the seal of the court from which the finding or admission appears.
In proceedings for an order against a person under section 105(3) or the Australian Consumer Law (WA) section 237(1), 238(1) or 239(1) —
a finding of a fact by a court, or an admission of a fact by the person, in proceedings to which subsection (3) applies is prima facie evidence of that fact; and
the finding or admission may be proved by production of a document under the seal of the court from which the finding or admission appears.
This subsection applies to proceedings under section 99 or 100, or the Australian Consumer Law (WA) section 228, 232, 246, 247 or 248, or for an offence against this Act, in which the person has been found to have contravened, or to have been involved in a contravention of, a provision of the Australian Consumer Law (WA) Chapter 2, 3 or 4.
[Section 108 amended: No. 26 of 2019 s. 8.]
This Act’s bill:Explanatory memorandumSecond reading speech
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