What is the standard of proof required for finding admission under the Queensland Evidence Act?

The standard of proof for finding admission under the Queensland Evidence Act is indeed considered "reasonably open as an exception." This standard is applied in the context of the court's discretion to admit evidence, especially when determining whether certain evidence meets a threshold for admissibility.

In legal proceedings, the standard being "reasonably open" allows for a flexible approach where a judge assesses whether the admission of evidence is logically substantiated by the material before them, rather than needing to meet a more rigid or strict benchmark like "beyond reasonable doubt" or "clear and convincing evidence." This means that if a judge believes that it is reasonable to admit certain pieces of evidence based on the facts and circumstances presented, they can do so.

This approach aligns with the judicial principle of allowing the trier of fact—whether it be judge or jury—to consider all pertinent evidence, so long as it meets the threshold of rationality. Other options, such as "beyond reasonable doubt," are typically reserved for criminal proceedings regarding the defendant's guilt, whereas "preponderance of evidence" is often used in civil matters, making them unsuitable in this context. Similarly, "clear and convincing evidence" is a higher standard than what is required for admissions under the Queensland Evidence Act