76The opinion rule

76 The opinion rule

Evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed.

1 The Commonwealth Act and New South Wales Act include an additional subsection.

2 Specific exceptions to the opinion rule are as follows—

• summaries of voluminous or complex documents (section 50(3))

• evidence relevant otherwise than as opinion evidence (section 77)

• lay opinion (section 78)

• Aboriginal and Torres Strait Islander traditional laws and customs (section 78A)

• expert opinion (section 79)

• admissions (section 81)

• exceptions to the rule excluding evidence of judgments and convictions (section 92(3))

• character of and expert opinion about an accused (sections 110 and 111).

Examples

1 P sues D, her doctor, for the negligent performance of a surgical operation. Unless an exception to the opinion rule applies, P's neighbour, W, who had the same operation, cannot give evidence of his opinion that D had not performed the operation as well as his own.

2 P considers that electrical work that D, an electrician, has done for her is unsatisfactory. Unless an exception to the opinion rule applies, P cannot give evidence of her opinion that D does not have the necessary skills to do electrical work.