Court & Litigation

Balance of Probabilities

In plain English

The civil standard of proof: you win if your version is more likely true than not.

What it means

The balance of probabilities is the standard of proof in civil cases in Australia. A party succeeds on an issue if the court is satisfied it is more probable than not, often described as more than a 50 per cent likelihood. It is a lower standard than the criminal "beyond reasonable doubt". For very serious allegations, courts will still require clear and convincing evidence before being satisfied on the balance of probabilities.

How it's used

The judge accepted, on the balance of probabilities, that the contract had been signed by both parties.

Dealing with balance of probabilities in real life?

Tell us about your situation and get a fixed-fee quote from a real lawyer. Our AI assistant, Rachel Z, takes your details in minutes and a qualified Australian lawyer handles the rest — at a fixed fee, with no hourly billing.