As I mention in this post, Justice Garde, VCAT’s new President, set out the law relating to the application in cases involving allegations of serious wrongdoing of the civil standard of proof helpfully and authoritatively in GLS v PLP [2012] VCAT 221:
‘The standard of proof
- This case concerns serious allegations levelled against Mr PLP, the principal of a suburban law firm, and a practising solicitor. Proof of the issues in this proceeding is at the civil standard – the balance of probabilities. Mr Selimi of counsel for Mr PLP submitted that the matter is a grave matter and has the potential to cause serious consequences to Mr PLP’s professional and personal reputation. He also contends, and counsel for Ms GLS accepts, that I should apply the principles outlined by Dixon J (as he then was) in Briginshaw v Briginshaw.[15]
- The key passage of Briginshaw is often quoted:[16]
The seriousness of an allegation made, the inherent unlikelihood of an occurrence of a given description, or the gravity of the consequences flowing from a particular finding are considerations which must affect the answer to the question whether the issue has been proved to the reasonable satisfaction of the tribunal. Continue reading “VCAT’s President, Justice Garde, lays out the law of the rule in Briginshaw v Briginshaw”