National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-3 - JURISDICTION AND PROCEDURE OF COURTS  

Division 2 - Civil proceedings  

Subdivision D - Other matters  

SECTION 202  

202   STANDARD OF PROOF IN CIVIL PROCEEDINGS  
If, in proceedings (other than proceedings for an offence), it is necessary to establish, or for the court to be satisfied, for any purpose relating to a matter arising under this Act, that:

(a) a person has contravened a provision of this Act; or

(b) default has been made in complying with a provision of this Act; or

(c) an act or omission was unlawful because of a provision of this Act; or

(d) a person has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to a contravention, or a default in complying with, a provision of this Act;

it is sufficient if the matter referred to in paragraph (a), (b), (c) or (d) is established, or the court is so satisfied on the balance of probabilities.