Judicial expression of a preliminary view
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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.
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