This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.
Armstrong Legal is an Australian law firm specialising in personal legal services, with accredited specialists in family law, criminal law and wills and estate litigation. You can expect thorough preparation and professional presentation of your matter both in and out of court, and specialist advice and service that can be relied upon. Our high level of service is founded on the premise that knowledge and expertise are essential. Each of our solicitors works only in their single practice area, which means that you, as a client, can be confident that your solicitor has knowledge about the law, and court procedures, should your matter require it.
miscarriage of discretion
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 !???!
|Forum Jump||Forum Permissions
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot delete your posts in this forum
You cannot edit your posts in this forum
You cannot create polls in this forum
You cannot vote in polls in this forum