What is the standard of proof required in civil cases in Queensland?

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In civil cases in Queensland, the standard of proof required is the balance of probabilities. This means that the party bringing the claim must demonstrate that their version of events is more likely to be true than not true. Essentially, if the evidence presented leads the court to believe that something is more than 50% likely to be accurate, then the claimant has met this standard of proof.

This standard is less stringent than the criminal standard of "beyond reasonable doubt," which is reserved for criminal proceedings where the stakes are significantly higher, and a higher degree of certainty is required before a conviction can occur. Additionally, "preponderance of evidence" is often used interchangeably with the balance of probabilities, but it is more commonly referenced in the context of U.S. law rather than in Queensland. Similarly, "clear and convincing evidence" is another standard used in certain legal scenarios and jurisdictions, typically requiring a higher threshold than the balance of probabilities but not as high as beyond a reasonable doubt.

Overall, the balance of probabilities is the proper standard in civil cases in Queensland, reflecting the nature of civil law where parties seek resolution through majority likelihood rather than absolute certainty.

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