Inferences

Inferences may also impact on questions relating to the authenticity of documents.

s.183 (Inferences) of the Evidence Act 2005 (NSW) notes that if a question arises about a document or thing, the court may:

(a) examine the document or thing, and

(b) draw any reasonable inferences from it as well as from other matters from which inferences may properly be drawn.

However, Justice Austin in ASIC v Rich said that:

Authentication cannot be achieved solely by drawing inferences from the face of the document where there is no other evidence to indicate provenance. ASIC v Rich at 117

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