Judicial misconduct during trial, including improperly holding a party in contempt and threatening self-represented litigants with perjury charges, will not warrant a new trial where the appellant's case was hopeless and the misconduct did not prevent the party from putting their case. The proviso in Calin v Greater Union Organisation Pty Ltd applies where a new trial would inevitably lead to the same result. A contempt finding under s 129 of the District Court Act 1967 (Qld) that fails to identify the specific offence, specify the conduct, or give the person an opportunity to answer the charge is procedurally defective, but must be challenged by certiorari under the Judicial Review Act 1991 (Qld), not by appeal.
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