Queensland Consolidated Acts
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PROPERTY LAW ACT 1974 - SECT 57
Effect of provisions as to conclusiveness of certificates etc.
57 Effect of provisions as to conclusiveness of certificates etc.
(1) Subject to any other Act, a provision in a contract or instrument to the
effect that a certificate, statement or opinion of any person shall be or be
received as conclusive evidence of any fact in the certificate, statement or
opinion contained shall be construed to mean only that such certificate,
statement or opinion shall be or be received as prima facie evidence of that
(2) This section shall not apply to—
(a) a certificate, statement or
opinion of a person who, in making the certificate or statement or in forming
the opinion, is bound to act judicially or quasi-judicially or as arbitrator
or quasi-arbitrator; or
(b) a provision agreed to after a dispute has arisen
as to the relevant fact.
(3) This section applies to a contract made or
instrument executed after but not before the commencement of this Act, and
shall have effect despite any stipulation to the contrary.
(4) In this
"fact" includes any matter, thing, event, circumstance or state of affairs.
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