44. Fraud or collusion in obtaining judgment or incompetency of court may be proved

Terms defined in s 3

• court

  court

  Defined · s 3

  “court” means a court established by or under Part IX of the Federal Constitution and includes— (a) a Judge; (b) a Sessions Court Judge; (c) a Magistrate; and (d) except an arbitrator, every person legally authorized to take evidence;

  Open s 3
• evidence

  evidence

  Defined · s 3

  “evidence” includes— (a) all statements which the court permits or requires to be made before it by witnesses in relation to matters of fact under inquiry: such statements are called oral evidence; (b) all documents produced for the inspection of the court: such documents are called documentary evidence;

  Open s 3