- The trial judge applied the criminal standard of proof to the husband’s claims, instead of the civil standard of proof.
- Firstly, the seriousness of the allegation made; secondly, the likelihood or unlikelihood of the claim; and, thirdly, the gravity or seriousness of the consequences of the claim being believed.
- The precedent of Briginshawmeans that the court will find it easier to be personally satisfied if the alleged facts are relatively unimportant or common, and harder to be personally satisfied if they’re not.
