37Leading questions

### 37 Leading questions > > (1)  A leading question must not be put to a witness in examination in chief or in re-examination unless – > > > > > > (a) the court gives leave; or > > > > > > > (b) the question relates to a matter introductory to the witness's evidence; or > > > > > > > (c) [*\[Section 37 Subsection (1) amended by No. 46 of 2010, s. 11, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS11@EN) no objection is made to the question and (leaving aside the party conducting the examination in chief or re-examination) each other party to the proceeding is represented by an Australian legal practitioner, legal counsel or prosecutor; or > > > > > > > (d) the question relates to a matter that is not in dispute; or > > > > > > > (e) if the witness has specialised knowledge based on the witness's training, study or experience, the question is asked for the purpose of obtaining the witness's opinion about a hypothetical statement of facts in respect of which evidence has been, or is intended to be, given. > > > (2)  Unless the court otherwise directs, [subsection (1)](#GS37@Gs1@EN) does not apply in civil proceedings to a question that relates to an investigation, inspection or report that the witness made in the course of carrying out public or official duties. > > > (3)  [Subsection (1)](#GS37@Gs1@EN) does not prevent a court from exercising power under rules of court to allow a written statement or report to be tendered or treated as evidence in chief of its maker.