Judicial expression of a preliminary view

Authors

Felicity Bell, University of WollongongFollow

RIS ID

103857

Publication Details

F. Bell, 'Judicial expression of a preliminary view' (2015) 5 (2) Family Law Review 73-80.

Link to publisher version (URL)

Family Law Review

Additional Publication Information

ISSN: 1037-6631

Abstract

Judicial expression of views prior to or during a hearing may provide useful guidance for lawyers in presenting a client's case, and can be a means of narrowing and focusing issues in dispute. Yet it is also possible for judicial expression of a preliminary view to give rise to claims of prejudgment and bias. Recently, the Full Court of the Family Court has adopted a strict approach to judges expressing preliminary views. This article examines this in the context of other authority that has held that expression of a preliminary view is permissible and, indeed, perhaps even desirable.