# Australian legal principles
URL: https://www.barristerai.com.au/principles
Last updated: 2026-11-09
Publisher: Barrister AI

Each page explains one principle, states its limits, and links the judgments that apply it, so you can go from the doctrine to the paragraph in the case.

## Principles

- [rule in *Jones v Dunkel*](https://www.barristerai.com.au/principles/jones-v-dunkel): What the Jones v Dunkel inference is, when it is available, what it cannot do, and how it applies in civil and criminal cases in Australia, with the leading authorities.
- [*Briginshaw* principle](https://www.barristerai.com.au/principles/briginshaw): The Briginshaw principle explained: how the seriousness of an allegation affects proof on the balance of probabilities in Australian civil cases, s 140 Evidence Act, and the leading cases.
- [*House v The King*: appealing a discretionary decision](https://www.barristerai.com.au/principles/house-v-the-king): House v The King explained: when an appeal court will interfere with a sentence or other discretionary decision, the specific and inferred error limbs, and how it differs from the correctness standard.
- [Uniform evidence law in Australia](https://www.barristerai.com.au/principles/uniform-evidence-law): Which Australian jurisdictions use the uniform Evidence Acts, how the Acts are structured, and the key sections on relevance, hearsay, opinion, tendency, discretions and privilege.
- [rule in *Browne v Dunn*](https://www.barristerai.com.au/principles/browne-v-dunn): The rule in Browne v Dunn explained for Australian practice: when you must put your case to a witness in cross-examination, the consequences of breach, and how it applies in criminal trials.
- [Expert opinion evidence: *Makita v Sprowles* and s 79](https://www.barristerai.com.au/principles/makita-v-sprowles): Makita v Sprowles explained: what an expert report must show to be admissible and useful under s 79 of the Evidence Act, and how the High Court refined it in Dasreef v Hawchar.
- [*Wyong Shire Council v Shirt*: the calculus of negligence](https://www.barristerai.com.au/principles/wyong-shire-council-v-shirt): Wyong Shire Council v Shirt explained: foreseeability of risk, Mason J’s calculus of negligence for breach of duty, and how s 5B of the Civil Liability Act changed the test.
- [Duty of care in novel cases: *Sullivan v Moody*](https://www.barristerai.com.au/principles/sullivan-v-moody): The salient features approach to duty of care in Australia: Sullivan v Moody, coherence with statutory duties, the Caltex v Stavar list, and why there is no single test.
- [*Kable* principle](https://www.barristerai.com.au/principles/kable): The Kable doctrine (or Kable principle) explained: why State Parliaments cannot give State courts functions incompatible with their role in the federal judicial system, and the leading cases from Kable to Kirk and Wainohu.
- [*Wednesbury* and legal unreasonableness: *Minister for Immigration and Citizenship v Li*](https://www.barristerai.com.au/principles/legal-unreasonableness): Wednesbury unreasonableness and legal unreasonableness in Australian administrative law: the High Court’s decision in Minister v Li, the "evident and intelligible justification" test, and how appeals review it.
- [Ratio decidendi and obiter dicta](https://www.barristerai.com.au/principles/ratio-decidendi-and-obiter-dicta): Ratio decidendi and obiter dicta explained for Australian law: what binds and what does not, how to find the ratio of a case with several judgments, and seriously considered dicta of the High Court.