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The common law has two established standards of proof, in civil cases the cause of action must be proved on the balance of probabilities whilst criminal cases have a higher threshold, requiring that cause of action be proved beyond a reasonable doubt. In Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 at 361–362 Justice Dixon applied a third rationale, requiring that serious civil cases be proved...
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