Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 57

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 fact.

(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 section—

"fact" includes any matter, thing, event, circumstance or state of affairs.