The NSW Court of Appeal refused interlocutory relief to restrain the Attorney General from tabling a Conduct Division report before Parliament under s 29(3) of the Judicial Officers Act 1986, holding that the balance of convenience weighed strongly against restraint. The Court held that tabling the report had no operative legal effect on the judicial officer's tenure because removal requires an address from both Houses and action by the Governor under s 53(2) of the Constitution Act 1902, meaning the Court retained capacity to determine the report's validity before any removal could occur. The substantive challenges — that the report was not unanimous and that it was Wednesbury unreasonable — were left unresolved, with the matter stood over for final hearing.
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