The burden of proof and the admissibility of police reports in cases where fraud is alleged

  • TurkAlert
  • Published 07.07.2016

Averkin v Insurance Australia Ltd [2016] NSWCA 122

The recent New South Wales Court of Appeal case of Averkin v Insurance Australia Ltd [2016] NSWCA 122 highlights the difficulties in maintaining a strong defence when fraud is alleged rather than relying on the gaps or weaknesses in the plaintiff’s own case. This case involved a strict ruling adverse to the insurer on the question of the admissibility of a police report as a business record.