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Judge Vasta sued for $2M over imprisonment of husband

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THE FACTS

Mr Stradford (“the husband”) and Ms Stradford (“the wife”) were engaged in property settlement proceedings in the Federal Circuit Court of Australia. Within those proceedings, on 6 December 2018 Judge Vasta made the following declaration and order:

1. That the Applicant [MR STRADFORD] be sentenced to a period of imprisonment in the [X Correctional Centre] for a period of twelve (12) months, to be served immediately with the Applicant to be released from prison on … 2019, with the balance of the sentence to be suspended for a period of two (2) years from today’s date.

In the reasons for judgment delivered extemporaneously, Vasta J wrote that:

“The matter went before Her Honour Judge Turner on 26 November 2018. Her Honour ordered that the matter be adjourned for hearing of a contempt application. What Her Honour found was that there had been compliance with order 3(b), (c), (d), (e), (f), (g) and (i) of my order, but there had not been compliance with orders (a), (h), (j), (k), (l), (m), (n) and (o) of my orders. For that reason, Her Honour found that the Applicant husband was in contempt of my orders and sent it to me to deal with as I had foreshadowed in my orders.”

By operation of Order 1 the husband was deprived of his liberty and was imprisoned for about a week, when he obtained a stay pending an appeal against that decision.

Relevant Law/ Legislation

Section 17 of the Federal Circuit Court of Australia Act 1999 (Cth) confers on that Court the same power to punish contempts of its power and authority as possessed by the High Court of Australia. However, that is a power to punish contempts committed in the face or hearing of the Court. The Act makes a distinction between such contempts (Part XIIIB) and sanctions for failure to comply with orders (Part XIIIA).

The contempt provisions address flagrant challenges to the authority of the Court and exempt specifically “a contempt of a court” that constitutes “a contravention of an order under this Act”. The latter expression is defined within Part XIIIA in ss 112AA and 112AB.

Full Family Court decision

On 15 February 2019, Strickland, Murphy & Kent JJ of the full Family Court found that Judge Vasta had erred:

“It is difficult to envisage a case where failure to comply with orders for disclosure could be said to involve a flagrant challenge to the authority of the Court or where an established failure to fully disclose could be other than a contravention covered by Part XIIIA of the Act and not Part XIIIB. In any event, whether in proceedings for a sanction under Part XIIIA, or for contempt under Part XIIIB of the Act, strict rules of procedural fairness reflected in Rules of Court apply to the hearing and determination of such applications and the procedures to be followed…

“contempt” properly so defined falls to be dealt with under Part XIIIB. As we have already pointed out, a contravention of an order must also involve a flagrant challenge to the authority of the Court to be capable of constituting contempt within the meaning of Part XIIIB…

We are comfortably satisfied, for the reasons given, that what occurred here in the making of the declaration and order for the husband’s imprisonment constituted a gross miscarriage of justice.”

Judge Vasta sued

The husband is now suing Judge Vasta personally for damages in respect of the imprisonment.

Judge Vasta says in his filed defence he is not liable to be sued due to the doctrine of judicial immunity.

The case is on course for a five-day trial in late 2021.

Bangalow lawyer loses appeal against successful sexual harassment suit

Posted on Categories Industrial relations, Professional discipline Tags , , , , , , , , , , , , , , , , 3 Comments on Bangalow lawyer loses appeal against successful sexual harassment suit

Former solicitor Owen Hughes, who likened himself to “a sleek kangaroo” and novelist Jane Austen’s noble brooder Mr Darcy in Pride and Prejudice, has lost his appeal against a judgment for sexual harassment he perpetrated against an employee.

Hughes

This blog had previously reported on the Owen Hughes sexual harassment case brought by a former employee of his law practice.

The facts

Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. Soon after,  Hughes offered to represent her in a mediation for her own family law matter, and she agreed.

A couple of months later, Hughes started his course of sexual harassment by sending Hill emails telling her that he thought she was attractive, and he wanted to be in a relationship with her.

Continue reading “Bangalow lawyer loses appeal against successful sexual harassment suit”

Bangalow lawyer Owen Hughes successfully sued for sexual harassment

Posted on Categories civil litigation, Industrial relations, Professional discipline Tags , , , , , , , , , , , , 4 Comments on Bangalow lawyer Owen Hughes successfully sued for sexual harassment

A Bangalow solicitor’s sexual harassment of a single mum who worked for him has proven to be costly, and may well end his legal career.

Hughes

This blog had previously reported on the Owen Hughes sexual harassment case brought by a former employee of his law practice.

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 “Bangalow lawyer Owen Hughes successfully sued for sexual harassment”

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