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miscarriage of discretion

Printed From: AussieLegal
Category: General Legal Discussions
Forum Name: Discuss legal issues that are of a general nature
Forum Discription:
Printed Date: 17/January/2019 at 15:26

Topic: miscarriage of discretion
Posted By: whatplanetisthis
Subject: miscarriage of discretion
Date 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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