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miscarriage of discretion

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whatplanetisthis View Drop Down
Senior Member
Senior Member

Joined: 19/August/2013
Location: Australia
Posts: 184
  Quote whatplanetisthis Quote  Post ReplyReply Direct Link To This Post Topic: miscarriage of discretion
    Posted: 02/January/2018 at 13:02
G'day all, My question relates to a judges "discretionary powers"

I try with a hypothetical to try get my point.......Say judge gives orders that are so counterproductive or opposite of each other with result that defies the legal principle they're meant to cover.....Like this example No. 1- the applicant is not to commit family violence against the respondent, apart from a backhander with only half brute force.

Obviously that order can't stand......or can it ? I think it would be classed as misappropriating discretion ( or whatever the damn phrase ends up being).
Thats another point also, a judge/magistrate can't deliver orders condoning an illegal act . can they ?
Or is that brushed off us under the " inherent powers of discretion" as well ? Surely no !???!

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