A "prima facie act of fraud" means that at first glance, there is enough evidence to suggest that fraud has occurred, and a case can proceed unless the opposing party presents contradictory evidence. It is a legal standard that allows a case to move forward based on initial evidence, without requiring the case to be dismissed or the initial burden of proof to be fully discharged yet.

What it means in a legal context

• Sufficient evidence: On the face of it, there appears to be adequate evidence to support a claim of fraud.
• Proceeding with a case: It is the threshold that a party must meet to have a legal claim or charge pursued further.
• Requires rebuttal: The initial evidence presented can be enough to win the case, but the opposing party has the opportunity to present evidence to rebut or contradict the claim.
• Application: This standard is used in various situations, such as determining whether to allow discovery of purportedly privileged documents related to fraud or assessing if an arbitral award should be stayed pending a fraud challenge, notes Practical Law and Mondaq.

How it differs from a final judgment

• Not a final determination: Establishing a prima facie case is not the same as proving fraud in a final judgment.
• Burden of proof: It simply indicates that the party with the burden of proof has presented enough initial evidence to move forward. They must still provide further evidence to fully prove their case.
• Case dismissal: If there is no prima facie evidence, a case may be dismissed at an early stage.