A Latin term literally meaning "at first appearance" or "on the face of it".

It is used in both civil and criminal law to denote that, on its face, sufficient evidence exists to support a case.

In most proceedings, one party (usually the claimant) must discharge a burden of proof by adducing prima facie evidence to establish its claim, having regard to the relevant standard of proof.

In civil matters, the party who bears the evidential burden is clear from the allegations it makes in its pleadings or, in some matters, prescribed by statute. In criminal matters, generally the prosecution must normally adduce sufficient evidence of each of the essential elements of the offence.

Prima facie evidence of a matter, unless rebutted by cogent evidence to the contrary (meeting the requisite standard of proof), is sufficient to prove a particular proposition or fact.

Where the facts or means of proving a matter are within the knowledge or capacity of the opponent, a mere scintilla is not enough but slight evidence adduced of a matter may be regarded as sufficient proof of it in the absence of an explanation or rebuttal by the opponent (Taylor v Spencer [1965] NSWR 961 at page 964).

For detailed guidance in relation to standards of proof and matters of evidence generally, see Practice notes, Standards of proof and Proof and inferences.