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Reported
Whether a magistrate’s reliance on a litigant’s attorney to rewrite a judgment breaches judicial independence and warrants review.
* Judicial misconduct – magistrate allowing litigant's attorney to rewrite reserved judgment – abdication of judicial function.
* Constitutional principle – judicial independence and impartiality (s165) and right to fair hearing (s34).
* Procedural fairness – delivery of reserved judgments and requirement of open court.
* Remedies – review and setting aside of judgment, de novo trial, referral to Legal Practice Council, punitive costs.
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