Leave to appeal was refused on all seven proposed grounds, with the Court of Appeal finding none had any prospect of success. Section 91 of the Evidence Act 2008 does not prevent a judge from acting on findings of fact made by another judge in the same proceeding; the section requires two separate proceedings to be engaged (applying King v Muriniti [2018] NSWCA 98). Once a court has found that the preconditions in s 447(1) of the Legal Profession Uniform Law are satisfied and made orders under s 447(3), a subsequent judge in the same proceeding is not required to re-establish those preconditions before making further injunctive orders. A manager appointed under s 336 of the Uniform Law may utilise staff to perform administrative and fact-gathering tasks without this constituting an impermissible delegation of statutory functions.
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