Legal Question in Civil Rights Law in Australia

Burden of proof for civil rights law

1. Are there any barristers representing the plaintiff and defendent in a civil case?

2. Who has the burden of proof in a civil case? The barrister for the plaintiff or plaintiff him/herself?


Asked on 4/22/08, 7:46 am

1 Answer from Attorneys

Dean Love Dean R. Love & Associates

Re: Burden of proof for civil rights law

Your first question is difficult to understand. Are we talking about a specific case?

Of a civil case goes to trial there probably would be barristers acting for either party.

The burden of proof in a civil case is on the Plaintiff - 'on the balance of probabilities' (ie, more probable than not).

The Barrister is the advocate or agent of the party for whom they are instructed to act - either the plaintiff or the defendant.

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Answered on 4/23/08, 7:31 pm


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