The Law of Fact Finding By Daniel Reynolds | 2026

The Law of Fact Finding By Daniel Reynolds | 2026

The Law of Fact Finding is the first comprehensive common law text dedicated to the principles governing judicial fact finding—an area that is central to litigation but has long lacked detailed legal analysis.

This authoritative work explains the legal rules and principles that guide and limit the process of determining facts in legal proceedings. It provides a practical framework for understanding how findings of fact are made and the boundaries within which courts and decision-makers must operate.

The book explores a wide range of complex issues, including the allocation of the burden of proof, the application of presumptions, the treatment of counterfactual and constitutional facts, and the legal standards governing factual findings in judicial review, appeals, and sentencing. It also examines when factual findings may be challenged and the extent to which reasoning and factual determinations are subject to review.

In the foreword, the Chief Justice of Australia, the Honourable Stephen Gageler AC, describes the work as filling a significant gap in legal scholarship. He praises it as a thoroughly researched, well-organised, and clearly written reference that is expected to become an essential resource for the legal profession.

Written with a practical focus, the book is primarily intended for Australian judges and legal practitioners. It presents the law as it applies in Australia while drawing on relevant English authorities where appropriate.

Table of Contents of The Law of Fact Finding By Daniel Reynolds: