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NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 202 Standard of proof in civil proceedings

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 202

Standard of proof in civil proceedings

    If, in proceedings (other than proceedings for an offence), it is necessary to establish, or for the court to be satisfied, for any purpose relating to a matter arising under this Act, that:

  (a)   a person has contravened a provision of this Act; or

  (b)   default has been made in complying with a provision of this Act; or

  (c)   an act or omission was unlawful because of a provision of this Act; or

  (d)   a person has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to a contravention, or a default in complying with, a provision of this Act;

it is sufficient if the matter referred to in paragraph   (a), (b), (c) or (d) is established, or the court is so satisfied on the balance of probabilities.

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