Australian law has not adopted a formal reversal of the onus of proof of causation in negligence; the onus remains on the plaintiff at all times, and the mere fact that breach of duty has occurred followed by injury within the area of foreseeable risk does not shift the evidentiary onus to the defendant. Where evidence gives rise to conflicting inferences of equal probability — some consistent with negligence and some not — the plaintiff must fail. The NSWCA majority decision in North Sydney Council v Binks on the evidentiary onus shift should be treated with caution as it was decided without reference to the established line of authority.
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4 of the 40 citing cases carry a classified treatment. How each court treated it is available to signed-in members.