Part 9Procedure
167Standard of proof
Every question of fact arising in any proceedings under this Act (not being criminal proceedings or proceedings under section 130) shall be decided on a balance of probabilities.


When you are in a court case under the Family Proceedings Act 1980, the court decides questions of fact in a certain way. You need to prove something is probably true, which is called a balance of probabilities. This means the court will decide based on what is most likely to have happened, except in criminal cases or cases under section 130.
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Every question of fact arising in any proceedings under this Act (not being criminal proceedings or proceedings under section 130) shall be decided on a balance of probabilities.