Section 5E — Civil Liability Act 2002 (NSW)

Onus of proof

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

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 5B — General principles
s 5C — Other principles
s 5D — General principles
s 5F — Meaning of “obvious risk”
s 5G — Injured persons presumed to be aware of obvious risks
s 5H — No proactive duty to warn of obvious risk

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