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It would not be appropriate for the Judicial Conference of Australia (JCA) to intrude upon the internal management of the business of a court, absent some apparent compromise of judicial independence or impartiality.

The expressed primary object of the Practice Direction is consistent with judicial independence and impartiality. Nor would it be appropriate for the JCA to express a view on the likely efficacy of this Direction.

It is to be noted that the Practice Direction does not require that all such applications be heard by a certain magistrate or magistrates. It will be a matter for the Chief Magistrate, as the head of that jurisdiction, to decide upon the allocation of these cases within a court of highly respected and experienced judicial officers.

 

The Judicial Conference of Australia is the professional association of judges and magistrates in Australia.

For further information, contact the Judicial Conference of Australia Secretariat.