What evidence law applies to Qld courts exercising federal jurisdiction?
Provided no contrary provision in the Constitution or the laws of the Commonwealth, Qld EA and common law
where Qld EA is silent
What evidence law applies to the Federal Court sitting in Qld?
Cth EA to the extent applicable, otherwise common law
Relevance at common law
A document is relevant if it tends to prove or disprove an allegation in issue (Robson v REB)
Relevance in Cth EA
s 55 Cth EA - if accepted, could rationally affect (directly or indirectly) the assessment of the probability of the
existence of a fact in issue in the proceeding
s 56 Cth EA (1) relevant evidence is prima facie admissible (2) not relevant evidence is not admissible
,When will evidence be admissible?
1. It is sufficiently relevant
2. No exclusionary rule applies
What is the legal burden of proof?
Proving the existence of the matter/issue to the extent required by substantive law in respect of that particular
cause of action/defence/issue
What is the evidential burden of proof?
The obligation to show, if called upon to do so, that there is sufficient evidence to raise an issue as to the
existence or non-existence of a fact in issue. If not discharged, judge can rule on the issue in favour of the
party
What is the incidence of proof in civil proceedings?
Legal and evidential burdens on party who will lose on that issue if no evidence is led of if evidence is equal
,How is the balance of probabilities discharged?
Sufficient evidence to draw positive inference that the case theory has been established
Positive inference = the probability of the fact's existence is greater than the possibility of its non-existence
(Nguyen v Cosmopolitan)
What is the burden of proof in civil proceedings in the Federal Court?
section 140 - balance of probabilities
Briginshaw principle
The burden of persuasiveness increases with seriousness of allegation.
The nature of the issue affects process of reasonable satisfaction.
, Do the Evidence Acts contain similar principles to Briginshaw?
s 140(2) Cth EA - in deciding whether balance of probabilities satisfied, nature and gravity of allegations to be
considered
s 132C(4) Qld EA - for sentencing in criminal matters
What is the standard of proof in disciplinary proceedings?
Balance of probabilities
What is the incidence of proof in criminal proceedings?
Crown bears ultimate burden of proving guilt of accused (Woolmington)
Provided no contrary provision in the Constitution or the laws of the Commonwealth, Qld EA and common law
where Qld EA is silent
What evidence law applies to the Federal Court sitting in Qld?
Cth EA to the extent applicable, otherwise common law
Relevance at common law
A document is relevant if it tends to prove or disprove an allegation in issue (Robson v REB)
Relevance in Cth EA
s 55 Cth EA - if accepted, could rationally affect (directly or indirectly) the assessment of the probability of the
existence of a fact in issue in the proceeding
s 56 Cth EA (1) relevant evidence is prima facie admissible (2) not relevant evidence is not admissible
,When will evidence be admissible?
1. It is sufficiently relevant
2. No exclusionary rule applies
What is the legal burden of proof?
Proving the existence of the matter/issue to the extent required by substantive law in respect of that particular
cause of action/defence/issue
What is the evidential burden of proof?
The obligation to show, if called upon to do so, that there is sufficient evidence to raise an issue as to the
existence or non-existence of a fact in issue. If not discharged, judge can rule on the issue in favour of the
party
What is the incidence of proof in civil proceedings?
Legal and evidential burdens on party who will lose on that issue if no evidence is led of if evidence is equal
,How is the balance of probabilities discharged?
Sufficient evidence to draw positive inference that the case theory has been established
Positive inference = the probability of the fact's existence is greater than the possibility of its non-existence
(Nguyen v Cosmopolitan)
What is the burden of proof in civil proceedings in the Federal Court?
section 140 - balance of probabilities
Briginshaw principle
The burden of persuasiveness increases with seriousness of allegation.
The nature of the issue affects process of reasonable satisfaction.
, Do the Evidence Acts contain similar principles to Briginshaw?
s 140(2) Cth EA - in deciding whether balance of probabilities satisfied, nature and gravity of allegations to be
considered
s 132C(4) Qld EA - for sentencing in criminal matters
What is the standard of proof in disciplinary proceedings?
Balance of probabilities
What is the incidence of proof in criminal proceedings?
Crown bears ultimate burden of proving guilt of accused (Woolmington)
