88Fresh trial

#### 88 Fresh trial 88 Fresh trial > > (1) If a trial of proceedings has commenced before a judicial officer and he or she is unable to continue the trial or give judgment in the proceedings, by reason of death, resignation or incapacity, the senior judicial officer of the relevant court may nominate some other judicial officer of that court as the judicial officer before whom the proceedings are to be listed for trial. > > > (2) In this section, a reference to a trial of proceedings includes a reference to a trial of one or more questions in the proceedings. > > **pt 2A, divs 1–6 (ss 18A–18O):** Ins 2010 No 135, Sch 6.2 \[2\]. Rep 2013 No 1, Sch 1.6 \[2\].