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Queensland Magistrate using excess oppression
Hi, I would like to ask does anyone know within the Queensland magistrates act where is states a magistrate can not use excess oppression?
I know Mark had mediation and I did write it down but I can not find that note now.
I did look within the act but could not find it.
Thank you for any information
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13 Replies
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If you look under Conduct in this document you will a description of inappropriate conduct from a judge… https://www.alrc.gov.au/wp-content/uploads/2020/12/The-law-on-judicial-bias.pdf
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This article is interesting and it cites case law at the end…. https://www.hcourt.gov.au/assets/publications/speeches/former-justices/brennanj/brennanj_judicat.htm
hcourt.gov.au
THE STATE OF THE JUDICATURE - OPENING OF 30TH AUSTRALIAN LEGAL CONVENTION MELBOURNE, 19 SEPTEMBER 1997 The Hon Sir Gerard Brennan, AC KBE Chief Justice of Australia
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Here’s an interesting case where a judge was held to account for his incorrect behaviour in 2023…. https://www.codea.com.au/publication/an-australian-first-judge-salvatore-vasta-denied-judicial-immunity-and-successfully-sued-for-the-wrongful-imprisonment-of-a-queensland-man/
codea.com.au
A recent decision by the Federal Court of Australia has altered the legal landscape in its understanding of judicial immunity. The landmark ruling of
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Here’s some more information about inappropriate judicial conduct…. https://www.qls.com.au/Guidance-Statements/No-22-Dealing-with-inappropriate-judicial-conduct-
qls.com.au
No.22 Dealing with inappropriate judicial conduct in the courtroom - Queensland Law Society
No.22 Dealing with inappropriate judicial conduct in the courtroom - Queensland Law Society
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Thank you Morag, I appreciate your info.
I found a good pdf so ill leave it here for others to see.
How much fun is defending your inherit freedoms 🙂
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Lots of fun when you have the tools and knowledge that are supplied on this site.
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Thanks for the great document 🙂
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Yeah for sure, It is annoying to know you are right but still have to play their game.
I wanted to ask these questions to see if you may help? If not I will ask Mark next month.
Q. I sent a A4V to discharge a liability but I did not send and fee schedule or a default and liability clause with my A4V. The party is in a commercial default so could I still send out a notice for debt recovery to the fiduciary?
Q. I want target a CFO that received my A4V but did accept it, but they no longer work at that business, who can I hold liable for the commercial default that was achieved? I did sent it also (the A4V) to the accounts department manager but I did not address it to anyone in particular.
Thank you
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Could you PM me about the above questions so we can keep it private?
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Yes I will, thank you
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I found this great one too, I am happy to of found this one.
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The letter has some good points but needs a fair bit of tweaking to make it really sound and needs to be the first Notice in a three step Notice so as to establish an agreement. If it is merely a Formal complaint needed then I would refer to the formal complaints webinar and module.
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I have not uploaded any of my letters, what i uploaded is pdfs with good info in regards to the Magistrate question.
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