Certiorari does not lie against a magistrate's decision refusing leave to cross-examine a witness at a committal proceeding in Victoria; the only available remedy is mandamus for constructive failure to exercise jurisdiction, which requires more than mere error in applying the statutory criteria. Misapplication of the considerations in clause 13(5) of Schedule 5 is an error within jurisdiction, not a jurisdictional error. Rule 9.02 of the Committals Rules is void for inconsistency with clause 13(5) but having regard to it does not vitiate the exercise of jurisdiction. The 1999 amendments reversed the previous assumption in favour of cross-examination at committals.
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