Judicial expression of a preliminary view



Publication Details

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

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Family Law Review

Additional Publication Information

ISSN: 1037-6631


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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