Section 140 — Evidence Act 1995 (Cth)

Civil proceedings: standard of proof

(1) In a civil proceeding, the court must find the case of a party proved if it is satisfied that the case has been proved on the balance of probabilities.

(2) Without limiting the matters that the court may take into account in deciding whether it is so satisfied, it is to take into account:

(a) the nature of the cause of action or defence; and

(b) the nature of the subject‑matter of the proceeding; and

(c) the gravity of the matters alleged.

Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 137 — Exclusion of prejudicial evidence in criminal proceedings
s 138 — Discretion to exclude improperly or illegally obtained evidence
s 139 — Cautioning of persons
s 141 — Criminal proceedings: standard of proof
s 142 — Admissibility of evidence: standard of proof
s 143 — Matters of law

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