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High Court elects to hear Judge Vasta judicial immunity case

Posted on Categories civil litigation, Judiciary Tags , , , , , , , 1 Comment on High Court elects to hear Judge Vasta judicial immunity case

The facts

In 2021, Judge Vasta was sued for false imprisonment after he jailed a litigant for contempt when no such finding against him had been made. For Judge Vasta and the state of Queensland, it was contended that the doctrine of judicial immunity meant that the claim could not succeed.

Last year, Wigney J of the Federal Court found for the imprisoned man, holding that judicial immunity did not apply for a number of reasons, including that Judge Vasta was an inferior Court judge who had acted beyond jurisdiction. Unsurprisingly, an appeal was subsequently lodged.

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Judge Salvatore Vasta appeals false imprisonment decision

Posted on Categories civil litigation, Judiciary, litigation Tags , , , 3 Comments on Judge Salvatore Vasta appeals false imprisonment decision

An appeal has been filed on behalf of Judge Salvatore Vasta following a ground-breaking decision which held him personally liable for false imprisonment of a man who appeared before him in a family law matter.

In August, Judge Vasta became the first Judge in Australian history to be successfully sued for a decision he made as a judge.

The suit arose from a decision of Vasta made on 6 December 2018, when he sentenced a self-represented man to a period of imprisonment of twelve (12) months.
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Sterling Law secures indemnity costs order against QBE

Posted on Categories civil litigation, litigation, Personal Injury, Professional fees Tags , , , , , 2 Comments on Sterling Law secures indemnity costs order against QBE
The facts

Background

For the last 4 years, we doggedly pursued a claim on behalf of a client who was kicked by a horse.

By the time our client saw a solicitor of our firm, he had been denied WorkCover because on review it was determined he was not a worker within section 11 of the Workers’ Compensation and Rehabilitation Act 2003. Things were looking very grim. It seemed that there was no way for our client to access compensation or any damages.
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District Court stays claim because of Australian Financial Complaints Authority’s bureaucratic bumbling

Posted on Categories civil litigation Tags , , , , , , , , , , , , , , , 4 Comments on District Court stays claim because of Australian Financial Complaints Authority’s bureaucratic bumbling

Westpac’s social responsibility department reacts to the banking Royal Commission.

 

“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.”

President Ronald Reagan, AUGUST 12, 1986

It is well known that many public bodies these days are obsessed with political correctness and identity politics, and spend a lot of their time fussing on topics such as equity, diversity, inclusion, harmony days, ‘unconscious bias’, and the like. Once can only imagine that they hold regular meetings where they talk about topics such as their gender pronouns, paleo pear and banana bread, and what a relief that in a few months time the Morrison federal government will be replaced by a Labor-Greens Coalition, but how the ideal would be a Greens Government with Adam Bandt as Prime Minister and socialism being tried once again.
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High Court holds contact with Counsel amounts to apprehension of bias

Posted on Categories civil litigation, Family law 4 Comments on High Court holds contact with Counsel amounts to apprehension of bias

 

The failure by a judge of the Family Court of Western Australia to refrain from communicating with Counsel for one of the parties in a matter he was to deliver judgment in has resulted in the High Court reaffirming the principles set out in Ebner v The Official Trustee in Bankruptcy.
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Time to sue: The law of limitation periods

Posted on Categories civil litigation, Defamation, litigation, Negligence, Personal Injury Tags , , , , , , , , , , 4 Comments on Time to sue: The law of limitation periods

Are there time limits on when you can sue? Read about what limitation periods are, and how they work.

WHAT ARE LIMITATION PERIODS?

Limitation periods in the law impose time limits within which types of civil proceedings should ordinarily be commenced. In commercial litigation, statutes of limitations impose most of the limitation periods. In Queensland, the statute of limitations is the Limitation of Actions Act 1974.

There are other time limits imposed under the law, but this article concerns time limits imposed under statutes of limitations, particularly the Limitation of Actions Act 1974 (Qld).
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Sexual harassment solicitor ordered to pay indemnity costs

Posted on Categories civil litigation Tags , , , , , , , , , 4 Comments on Sexual harassment solicitor ordered to pay indemnity costs

The facts

Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. The evidence showed that that he thought Hill was attractive, wanted to be in a relationship with her and that he communicated that to her.  Hughes offered to represent her in a mediation for her own family law matter, and she agreed. Continue reading “Sexual harassment solicitor ordered to pay indemnity costs”

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