313. Applicability to both civil and criminal proceedings.

Article 61 specifically refers to 'civil' and 'criminal' proceedings2. If it is to apply by way of its civil limb, it is necessary to establish that:

  1.  

    (1)     there exists a dispute as to a right or obligation at least arguably recognised in domestic law, the outcome of which is determinative of the right or obligation3; and

  2.  

    (2)     the right or obligation is 'civil' in character4.