The Supreme Court held that s 36(1) of the Magistrates Court Act 2004 (WA) does not permit judicial review of a magistrate's reasoning or findings independently of a challenge to the ultimate decision. Where an applicant succeeded before the Magistrates Court and did not wish to disturb the decision dismissing the FVRO application, the court could not review the magistrate's conduct or reasoning in isolation, because a successful finding of jurisdictional error would necessarily deprive the ultimate decision of legal force. The application was dismissed at the first stage of the O 56A process for lacking any reasonable prospect of success.
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