���The Briginshaw principle is not a separate standard of proof, but rather a standard of satisfaction’. Write an essay in which you critically evaluate this statement, focusing on the application of ‘the balance of probabilities’, the standard of proof in civil matters. In your examination, you should explore how the ���Briginshaw principle’ should be interpreted and applied in relation to Evidence Act 1995 (NSW) ss 140-142, particularly with respect to: • issues of fraud or wrongdoing in civil matters; • applications for the exclusion of evidence which is unreliable or improperly obtained; and • instances where an evidentiary burden must be met.
