The concept of 'pressing necessity' from Forge v ASIC operates as a mitigating factor within the institutional integrity analysis, not as an independent precondition to a valid acting judicial appointment. Where the factors giving rise to concerns about institutional integrity (such as prospects of future appointment or resumption of practice) do not arise, the absence of pressing necessity alone is unlikely to sustain a challenge. A party challenging an acting judicial appointment must adduce positive evidence of the absence of pressing necessity; mere unawareness by the party's solicitor is insufficient. The Bhardwaj nullity doctrine applies to administrative tribunals, not courts of record — orders of a court of record made without jurisdiction are valid until set aside.
The full text is available to signed-in members, including the 1 later case that cites this judgment.