Australian Capital Territory Consolidated Acts

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MAGISTRATES COURT ACT 1930 - SECT 17I

Magistrate sued for acts within magistrate's jurisdiction only liable in case of malice and absence of reasonable and probable cause

In an action against a magistrate for any act done by the magistrate in the execution of the magistrate's duty as a magistrate in relation to any matter within the magistrate's jurisdiction as a magistrate, it must be expressly alleged in the statement of claim that the act was done maliciously and without reasonable and probable cause, and if the allegations are denied, and at the trial of the action the plaintiff fails to prove them, judgment must be given for the defendant.



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