Exclusion of evidentiary requirements

Section 69ZT, FLA excludes the operation of various divisions of the EA in parenting proceedings. The most frequent exceptions relate to hearsay, opinion, admissions, evidence of judgments and convictions, tendency and coincidence, credibility and character. In exercising this discretion, the court is required to consider the circumstances contemplated by s 69ZT(3), FLA which include that it is satisfied there are exceptional circumstances and the importance of the evidence, and the nature of the subject matter of the proceedings.

See Exclusion of strict evidentiary requirements.

Standard of proof applied to family law

The standard of proof in civil proceedings is “on the balance of probabilities” (s 140(1), EA) taking into account such factors as the nature and gravity of the subject matter of the proceedings as expressed in Briginshaw v Briginshaw (1938) 60 CLR 336.