Australia balance of probabilities

Chief Executive Officer of Customs v El Hajje

(2005) 224 CLR 159

JurisdictionAustralia

CourtHigh Court of Australia

Year2005

StatusBinding authority

Summary

Under the Briginshaw standard, the civil balance of probabilities requires evidence of a quality commensurate with the gravity of the allegation.

Key Principle

Briginshaw standard; civil standard of proof; seriousness of allegation affects quality of evidence required

Area of Law

evidence

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Under UEA s 97, tendency evidence in sexual offence cases requires significant probative value but no striking similarity between the tendency and charged acts.

Dasreef Pty Ltd v Hawchar (2011) 243 CLR 588

Expert opinion evidence is admissible only if based on specialised knowledge, and the expert must identify the facts and reasoning underlying the opinion.

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