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Judge McGill SC goes out in a blaze of glory in appeal decision

Posted on Categories civil litigation, Judiciary Tags , , , , 2 Comments on Judge McGill SC goes out in a blaze of glory in appeal decision

Judge John McGill SC has been a stalwart of the District Court for over 20 years. His final judgment, an appeal against a decision of Magistrate Suzette Coates, has made him leave the bench with a bang and not a whimper.

Judge John McGill SC

Those who are familiar with civil litigation in the Magistrates Court know that it is an unfortunate reality that occasionally litigants will receive “rough justice”. This is often due to the lack of knowledge of civil litigation and/or the flippant attitudes of some Magistrates. This observation in no way is intended to criticise the vast majority of Queensland Magistrates, who are conscientious and serve their state well. Continue reading “Judge McGill SC goes out in a blaze of glory in appeal decision”

Former Magistrate Bill Randall struck off for child sex abuse

Posted on Categories Criminal law, Judiciary, Legal profession, Professional discipline Tags , , , , , , , , Leave a comment on Former Magistrate Bill Randall struck off for child sex abuse

William ‘Uncle Bill’ Randall has been struck off as a lawyer following his convictions for numerous child sex offences.

Bill Randall4
The facts

William John Randall was admitted as a solicitor of the Supreme Court of Queensland on 9 June 1981. He never practised as a solicitor, and never held a practising certificate. He was however appointed a Magistrate in 1985 and served for a long time in the small claims tribunal until his retirement in 2016.

On 21 November 2017 he was convicted by a jury of a range of serious sexual offences committed against a child. The child was just five when the abuse started in 1990 at Randall’s home at Wynnum, on Brisbane’s bayside. It continued for almost 12 years, and the victim was 30 before he finally gathered the courage to tell police. Randall was initially sentenced to 9 years imprisonment but on appeal this was increased to 11 years imprisonment. He continued to deny his offending throughout and never showed any remorse. Continue reading “Former Magistrate Bill Randall struck off for child sex abuse”

Chief Justice of Queensland speaks out for judicial independence

Posted on Categories Criminal law, Judiciary Tags , , , , , Leave a comment on Chief Justice of Queensland speaks out for judicial independence

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Catherine Holmes, the Chief Justice of Queensland has a piece in The Australian concerning some of the unfair and ill-informed criticisms of sentencing decisions in recent years:

https://specialreports.theaustralian.com.au/1437724/cover/

Importantly, she does not say that decisions should not be criticised. However, given that judges are not supposed to respond to criticisms or defend their own decisions, personal attacks against judges and criticisms of decisions which do not show the reasons for the decisions undermine confidence in the Courts, and can threaten judicial independence: Continue reading “Chief Justice of Queensland speaks out for judicial independence”

Judge Sandy Street denounced by Federal Court

Posted on Categories civil litigation, Judiciary Tags , , , , 1 Comment on Judge Sandy Street denounced by Federal Court

Sandy Street

Litigation is very tough on litigants. They find themselves in an environment where in spite of their strong feelings about their case, their emotions carry no weight and are seldom acknowledged by the court. Furthermore, their fate at trial is the hands of a third party who may rule against them, with disastrous consequences. Adverse findings can be made against them. There is an incredible amount of stress associated with such risks. And of course, there is the massive amount of money they have to pay towards their own legal costs. Continue reading “Judge Sandy Street denounced by Federal Court”

Identity politics, political correctness and section 18C of the Racial Discrimination Act

Posted on Categories Human rights, Judiciary, Liberty Tags , , , , , , , , , , , , , , , , 4 Comments on Identity politics, political correctness and section 18C of the Racial Discrimination Act

On 4 November 2016, Judge Jarrett of the Federal Circuit Court of Australia dismissed a claim brought by Cindy Prior under section 18C of the Racial Discrimination Act 1975 (Cth) as a result of posts published on Facebook by students at the Queensland University of Technology that complained of being kicked out of an ‘Indigenous only’ computer lab. This ends a 3 year long legal saga and ordeal for the students concerned.
Continue reading “Identity politics, political correctness and section 18C of the Racial Discrimination Act”

How to be an impressive witness in court

Posted on Categories Evidence, Judiciary Tags , , , , , , , , Leave a comment on How to be an impressive witness in court
Introduction

Witnesses are usually assessed according to their credibility and reliability.

In cases where there are disputes of fact, the performance of the relevant witnesses will be critical, as the case is likely to be determined according to which witnesses are believed and which are not.

This article discusses dome of the do’s and don’ts involved in giving evidence at a hearing.
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Response to invitations for submissions concerning a Bill of Rights in Australia

Posted on Categories Bill of Rights, Human rights, Judiciary 1 Comment on Response to invitations for submissions concerning a Bill of Rights in Australia

To: The Human Rights Working Group

Queensland Law Society

RE CALL FOR SUBMISSIONS ON A BILL OF RIGHTS

Dear Sir/Madam,

We refer to the invitations for submissions concerning a Bill of Rights in Australia in the February 2016 edition of Proctor.

We write to voice our opposition to a Bill of Rights, for the reasons below.
Continue reading “Response to invitations for submissions concerning a Bill of Rights in Australia”

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