Appeal from judgment and orders of Magistrates’ Court
Whether Magistrate erred in law
Self
Quick Take
1On an appeal under s 109 of the Magistrates' Court Act 1989 (Vic), a party is generally confined to the case as pleaded and run before the Magistrate; claims under the Legal Profession Uniform Law (including ss 172, 174, 178 and 185) that were not raised in form or substance at first instance are not open on appeal where the defect could have been cured by further evidence, even allowing latitude for a self-represented litigant.
2A solicitor's obligations under a retainer to perform further work may cease upon reasonable notice of non-payment and intention to cease acting, notwithstanding that the solicitor remains on the court record pending formal leave; the distinction between obligations under the retainer and obligations as solicitor on the record (as explained in Plenty v Gladwin and Investec Bank v Mann) means that remaining on the record does not of itself impose an obligation to continue substantive legal work.
3Apprehended bias and procedural unfairness are not established by abstract statistical comparison of judicial interventions directed at each party; the content, context and purpose of the interventions must be assessed, and case management measures including time limits imposed consistently with the overarching obligations under the Civil Procedure Act 2010 (Vic) do not give rise to a reasonable apprehension of bias.
