A judicial officer's correct findings about a party's non-compliance with overarching obligations under the Civil Procedure Act 2010 (Vic) cannot legitimately be called in aid of a recusal application on the ground of apprehended bias. The r 5.09(1) endorsement must specify the amount claimed (not just costs) for r 5.09(4) to be engaged. On an appeal confined to questions of law under s 109 of the Magistrates' Court Act 1989, a finding of fact is only open to challenge if there is no probative evidence to support it.
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