Section 143: Judicial notice of matters of law

17.7 Section 143 covers judicial notice of legislation. Legislation in this context means statutes, subordinate legislation and executive government proclamations and orders. Parties do not need formally to prove that such laws exist, or the process by which such legislation came into operation. Under s 143, a judge may take ‘judicial notice’ of the legislation’s legitimate content and operation.

The Commissions’ view

17.8 In DP 69, no proposal is made for amendment of s 143. This elicited no submissions or consultations in response to DP 69. The Commissions consider that s 143 is operating satisfactorily and make no recommendation for change.