Balance of probabilities

10 December 2019

You've likely heard of the standard of proof 'beyond reasonable doubt' and possibly through TV shows. It's basically a standard of proof for criminal cases. 

Well, what about the 'balance of probabilities'?

The balance of probabilities simply means that disputed facts are compared to determine which set of facts are more likely to have occurred. 

A fact is proved to be true on the balance of probabilities if its existence is more probable than not.

Why does the balance of probabilities matter?

If you are ever involved in a civil matter (e.g. related to business or employment) that is likely to go to court, the balance of probabilities will be the standard of proof that the court will apply. 

This means, you will need to convince the magistrate that your version of events is more likely to be correct over the other parties version of events.

Some even put it this way: you'll need to convince the magistrate that your version of events is 51% likely to be the case over the other party with the losing 49% likelihood.

Got questions or comments about the standard of proof in a civil case? Be sure to leave them below.


Vivian Michael

Vivian Michael is a lawyer and founder of Michael Law Group. Vivian's mission is to deliver the best quality business legal services to entrepreneurs launching an Australian business, wherever they are in the globe.

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