ARTICLE · 16 APRIL 2022

What is the difference between Civil and Criminal law?

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The main difference between civil law and criminal law in Australia is that criminal law has a higher onus of proof.

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Broadly speaking, there are two types of law in Australia with various differences, being criminal law and civil law.

There are also similarities between the two types of law.

When choosing a lawyer to represent you, it is crucial to determine whether they specialise in a particular area.

Civil Law vs Criminal Law

The main difference between civil law and criminal law in Australia is that criminal law has a higher onus of proof (ie. beyond reasonable doubt) than civil law (ie. balance of probabilities).

Standard of Proof

The party who brings the proceedings has the onus of proof. This means that they must present evidence to prove their case.

However, the standard of proof differs between the types of law.

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