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ARTICLE · 28 DECEMBER 2023

Federal Court reminder on the burden of proof

Gilchrist Connell
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The recent Peck decision highlights the importance of meeting the burden of proof in product liability claims.

AustraliaConsumer Protection
Stephen Connell
Stephen Connell
Tiarn Pauletto
Tiarn Pauletto
Thomas Connell
Thomas Connell
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The recent decision of the Federal Court of Australia in Peck v Australian Automotive Group Pty Ltd & Ateco Automotive Pty Ltd [2023] FCA 1413 provides guidance on the Court's approach to inferential reasoning and causation, and is a reminder of the importance of preserving evidence, where possible, and ruling out alternate case theories.

Background

The applicants (Mr and Mrs Peck) brought an action for damages in the Federal Court of Australia against a supplier, Australian Automotive Group (AAG) and a motor vehicle importer, Ateco Automotive (Ateco), for loss suffered as a result of a house fire they claimed was caused by a wiring defect in a Fiat 500 motor vehicle parked in the garage of their house.

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