CIVIL LAW (WRONGS) ACT 2002 - SECT 46 Burden of proof

CIVIL LAW (WRONGS) ACT 2002 - SECT 46

In deciding liability for negligence, the plaintiff always bears the burden of proving, on the balance of probabilities, any fact relevant to the issue of causation.

Note     The Motor Accident Injuries Act 2019

, s 256 provides that, for making a motor accident claim for a no-fault motor accident—

        (a)     in the case of a single vehicle accident, the driver of the motor vehicle is taken to be the driver at fault and to have breached their duty of care to an injured person; and

        (b)     in the case of a multiple vehicle accident, the driver of the motor vehicle whose act or omission caused the accident is taken to be the driver at fault and to have breached their duty of care to an injured person.