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Australia Leading Case balance of probabilities

Briginshaw v Briginshaw

(1938) 60 CLR 336
JurisdictionAustralia
CourtHigh Court of Australia
Year1938
StatusBinding authority

Summary

In civil proceedings, the standard of proof remains balance of probabilities, but the gravity of serious allegations requires more cogent evidence to be satisfied.

Key Principle

civil standard of proof where serious allegations are made; gravity affects cogency of evidence required, not the standard itself

Area of Law

Evidence and Standard of Proof

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