ARTICLE
20 January 2023

Understanding "Balance of Probabilities": A brief explanation

OC
O'Brien Criminal & Civil Solicitors

Contributor

O’Brien Criminal and Civil Solicitors defend people against criminal charges anywhere in Australia, as well as litigating defamation cases, and suing police and other authorities for unlawful conduct. We are a strong advocate for social justice issues and pride ourselves on our pro-bono practice. We are a growing and dynamic law firm that occasionally has vacancies for people seeking legal careers or administrative opportunities.
"Balance of probabilities" is a legal standard of proof used in civil trials to determine the liability of a defendant.
Australia Litigation, Mediation & Arbitration

The balance of probabilities is a legal standard of proof that the courts use in civil trials to determine the liability of a defendant.

In Australia, this standard applies in all civil trials.

What is the Balance of probabilities?

The balance of probabilities can be understood like predicting the weather. In determining the liability of a defendant, the evidence that the litigants present in court must show that it is more likely than not that the defendant is liable for the claim. This is similar to a weather forecast indicating a 70% chance of rain. It's not a definite answer like "it will rain tomorrow" but rather a likely one based on the evidence presented.

However, it is important to note that the standard of "balance of probabilities" is lower than the standard of "beyond a reasonable doubt". We use that standard in criminal trials. This means that the evidence presented in a civil trial does not have to be as strong as the evidence presented in a criminal trial.

This standard of proof is not only used in the legal system, but also in other fields such as insurance, engineering, and medicine. It is used to determine the likelihood of certain events happening.

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