Author adminPosted on Categories Legal profession, Liberty, Professional discipline 2 Comments on British barrister beats woke Bar Standards Board
“The ethos of service and duty that used to underpin so many professions often seems to have been replaced with a claim to moral leadership by the better-educated.”
Head, hand & heart: The struggle for dignity and status in the 21st Century David Goodhart, 2020, Allen Lane, p17
In 2021, British barrister Jon Holbrook was investigated by the Bar Standards Board (BSB) over a series of social-media posts. 17 were thrown out. It decided that one of the 18 tweets in question constituted a breach of professional conduct.
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Author adminPosted on Categories Liberty 2 Comments on Public Trustee of Queensland investigated for high fees and financial mismanagement
“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.”
The Public Trustee of Queensland is a public body charged with managing the finances of some of the most vulnerable members of the community, including those lacking capacity and prisoners.
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Author adminPosted on Categories Criminal law, Liberty 4 Comments on Appeal bail refused for Kleenmaid director despite Covid-19 risks
Former Kleenmaid director Andrew Eric Young was convicted after a trial of two counts of fraud with circumstances of aggravation and 17 counts of insolvent trading. Prior to trial the Mental Health Court held he was fit for trial and the proceedings should continue according to law, and the trial judge refused to put that issue to the jury.
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Author adminPosted on Categories civil litigation, Industrial relations, Liberty, litigation, Unfair dismissal Leave a comment on Israel Folau settles claim with Rugby Australia
Following a marathon mediation, former Wallabies star Israel Folau and Rugby Australia have settled their dispute over the termination of Folau’s employment with Rugby Australia after he made controversial comments on Twitter about homosexuality.
The case was notable and of political significance because it highlighted the tensions between the rights of employers to dismiss workers to preserve their own reputational interests, freedom of religion, and employees being able to publicly express their own opinions outside of work. Continue reading “Israel Folau settles claim with Rugby Australia”
Author adminPosted on Categories Human rights, Liberty Leave a comment on The Australian Federal Police’s raids on press freedom
On 4 June 2019, the Australian Federal Police raided the home of News Corp Australia journalist Annika Smethurst after she revealed in April last year that the Defence and Home Affairs departments had been discussing monitoring Australian citizens for the first time.
The following day, the Australian Federal Police raided the Australian Broadcasting Corporation’s Sydney offices as well after a number of stories known as the Afghan Files revealed allegations of unlawful killings and misconduct by Australian special forces in Afghanistan and were based on hundreds of pages of secret Defence documents leaked to the ABC. Continue reading “The Australian Federal Police’s raids on press freedom”
Author adminPosted on Categories Human rights, Industrial relations, Liberty, litigation, Unfair dismissal 2 Comments on Professor Peter Ridd wins dismissal case against James Cook University
Last year, Professor Peter Ridd was sacked by James Cook University after speaking out on issues relating to climate change research.
He took James Cook University to the Federal Circuit Court, arguing his termination of employment was unlawful.
Today, Ridd has won his case, with the Court awarding judgment in his favour:
“Handing down his decision today, judge Salvatore Vasta said that the 17 findings used by the university to justify the sacking were unlawful.
“The Court rules that the 17 findings made by the University, the two speech directions, the five confidentiality directions, the no satire direction, the censure and the final censure given by the University and the termination of employment of Professor Ridd by the University were all unlawful,” Judge Vasta said.
A penalty hearing will be set for a later date.
At a hearing last month, Professor Ridd’s barrister Stuart Wood argued his client was entitled to criticise his colleagues and the university’s perceived lack of quality assurance processes.”
This is a win for free speech and academic freedom.
Author adminPosted on Categories Human rights, Industrial relations, Liberty, Unfair dismissal 1 Comment on JCU in Court for adverse actions against academic freedom
Climate blogger Jennifer Marohasy provides an interesting report on Dr Peter Ridd’s case against James Cook University in the Federal Circuit Court. Ridd’s employment as an academic of the university was terminated in May due to him speaking out and defying a gag order imposed by the university.
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Author adminPosted on Categories Criminal law, Evidence, Liberty Leave a comment on Failure to appear conviction quashed on appeal
It is a criminal offence for a Defendant in criminal proceedings to fail to appear in court unless they have a reasonable excuse to do so. A recent case which resulted in an acquittal of such a charge sheds light on the meaning of reasonable excuse for the purposes of s33 of the Bail Act 1980 (Qld).
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Author adminPosted on Categories Human rights, Judiciary, Liberty 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.
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