Briginshaw v Briginshaw
| Jurisdiction | Australia Federal only |
| Neutral Citation | 1938-0630 HCA A,[1938] HCA 34 |
| Date | 1938 |
| Year | 1938 |
| Court | High Court |
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1264 cases
8 firm's commentaries
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Property & Projects - What's News - 2 June 2015
...of proof – Civil proceedings – Whether signatures were forged – Strength of evidence required to meet standard – Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 applied. EVIDENCE – Credibility and weight – Party's failure to adduce evidence on fact in issue – Adverse inference – Ap......
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The standard of proof in workplace investigations
...It guides the interpretation of section 140 of the Evidence Act. The often cited statement of Dixon J in Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 at 361-362 is of importance in illustrating the Fortunately ... at common law no third standard of persuasion was definitely deve......
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Property & Projects What's News - 2 October 2013
...forged power of attorney - Whether the plaintiff has satisfied the Court that the power of attorney was forged - Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 - Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 - Evidence Act 2008 s 140(2) - Credibility of the l......
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Fraudulent claims case shows difficulties insurers face: Sgro v Australian Associated Motor Insurers Ltd [2015] NSWCA 262
...in which AAMI had pleaded its section 56 defence. In particular the court referred to the High Court decision in Briginshaw v Briginshaw [1938] HCA 34 and rule 14.14 of the Uniform Civil Procedure Rules 2005 (NSW) noting that the seriousness of raising questions of fraud required that it be......
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6 books & journal articles
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Litigation
...SGHC 51 at [29], per Edmud Leow JC. 984 See Grant v Australian Knitting Mills [1936] AC 85 at 98 (PC). 985 Briginshaw v Briginshaw (1938) 60 CLR 336 at 361–362, per Dixon J. See also Evidence Act 1995 (Cth) section 140; Ballard v Multiplex Ltd [2012] NSWSC 426 at [123]–[130], per McDougall ......
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The Definition and Discovery of Facts in Native Title: The Historian's Contribution
...(Beaumont and von Doussa JJ); Yorta Yorta (2001) 110 FCR 244, 284–6 [151]–[159] (Branson and Katz JJ). 58 Briginshaw v Briginshaw (1938) 60 CLR 336, 343–4 (Latham CJ), 361–3 (Dixon J); Bater v Bater [1950] 2 All ER 458, 459 (Denning LJ). 308 Federal Law Review Volume 36 ____________________......
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The Briginshaw 'standard of proof' in anti-discrimination law: 'pointing with a wavering finger'.
...EOC [paragraph]92-024. (2) The "Briginshaw standard of proof' was articulated in the High Court decision of Briginshaw v Briginshaw (1938) 60 CLR 336 ('Briginshaw'). As this article makes clear, the test is more a means of highlighting the standard of required evidence in civil eases than a......
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Stepping Stones — from Corporate Fault to Directors' Personal Civil Liability
...44 James Hardie Industries NV (2010) 274 ALR 85. 45 Morley (2010) 274 ALR 205. 46 Briginshaw v Briginshaw (1938) 60 CLR 336, 361–2 (Dixon CJ). 47 ASIC v Hellicar (2012) 286 ALR 501. 48 The High Court held that the facts indicated that the board minutes, which recorded the tabling of the dra......
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