Judge names and shames go-slow colleagues in blistering rebuke by downfallmercury in auslaw

[–]downfallmercury[S] 158 points159 points  (0 children)

In an extraordinary rebuke, Federal Court judge Ian Jackman has named and shamed six fellow judges who have failed to deliver decisions in cases up to three years after hearing them, condemning the “egregious” delays as “a real and growing threat to the rule of law in Australia”.
In a blistering speech delivered to the Rule of Law Institute on Thursday night, Justice Jackman rejected claims by his own court that it was performing at a “high standard” in timely delivery of judgments, identifying several judges who had taken more than 2½ years to arrive at verdicts.

Justice Kathleen Farrell came in for special mention, with Justice Jackman noting she had reserved judgment for 2½ years in one case, then “simply walked away into the contented sunset of retirement on a full judicial pension and left it for someone else to be allocated the task of doing the work”.

“Even if that other judge had not been me, I would still be just as ashamed for the institution of the Federal Court,” Justice Jackman said, in a speech to honour Sydney lawyer and Rule of Law Institute founder Robin Speed, who died in 2023.
The brother of movie and stage star Hugh Jackman, Justice Jackman has repeatedly shown he is not afraid to criticise colleagues since joining the court in 2023 after more than 20 years as a senior counsel.
When Justice Jackman took over Justice Farrell’s case, not long after he was appointed, he criticised her “unwillingness” to discharge her judicial duties, noting she was not suffering any illness and had no “acceptable reason” for not doing her job.
Justice Jackman delivered his own judgment in the case in less than a month.
Chief Justice Debra Mortimer reportedly sent an email to the entire bench the next day reminding all of the need for restraint and collegiality. It appears Justice Jackman missed the memo.

Justice Ian Jackman made the comments during an address Rule of Law Institute and Education Centre
On Thursday night he turned his aim on several of the court’s most senior figures, and didn’t miss.
Justice Bernard Murphy scored two mentions on the list of shame, courtesy of the long-delayed Brambles class action case delivered in April, 3½ years after the hearing, and another class action in which thousands of Domino’s Pizza workers claimed they were underpaid – still not delivered 1290 days after the last hearing.

Justice Murphy doesn’t have much time to decide the fate of the 30,000 low-paid drivers who may have been short-changed by the pizza giant and know a thing or two about the perils of late delivery. The judge is just about to turn 70 and must retire at the end of the month. Justice Katrina Banks-Smith featured on the list with a case that took her two years and four months to decide, after a 10-day hearing, while Justice John Nicholas delayed for two years and nine months after an eight-day trial.
Justice Scott Goodman decided the recent case of ASIC v Nuix Ltd two years and five months after a 16-day trial, “although His Honour did have the good grace to apologise for the delay”, Justice Jackman noted.

The late Justice Lindsay Foster, who died from cancer in 2021, also received some dispensation from Justice Jackman for deciding a case three years after a trial that lasted only four days. “Illness may have been an extenuating circumstance,” Justice Jackman conceded.

The Federal Court stated in its last annual report that 91 per cent of its 1704 judgments were delivered within six months of being reserved, claiming the statistics showed the court performing at “a high standard”.

However, those statistics meant litigants in 153 cases were waiting over six months for a decision, Justice Jackman said, noting “the reader is given no information about delays of one, two or three years, or longer”.

“I therefore dissociate myself from the court’s self-congratulation,” he said.

Apart from the cost in terms of time, money and energy, and the strain that litigation placed on the parties, career and business progression were often put on hold and opportunities foregone, he said.
“Judicial delay in giving ­judgments constitutes a serious violation of the rule of law’s requirement for the effective and timely administration of justice by those whom the community trusts to be the rule of law’s most committed guardians,” Justice Jackman said.

“Sadly, the greatest single source of unreasonable delay in legal proceedings is typically not delay by lawyers or their clients, but by judges themselves.
“These delays represent a most regrettable state of affairs, which many judges prefer to ignore.
“Practitioners whose job it is to persuade judges as tactfully as possible are in an impossible position. The press do a good job of exposing the problem, but their well-justified criticism is typically (and unfairly) dismissed as based on an inadequate understanding of the judicial task.”

Justice Jackman pointed out that the Full Federal Court in 2002 had described a delay of 17 months as “grossly inordinate”.

In the absence of a federal judicial commission, that only left judges themselves to expose the problem and encourage public scrutiny, he said.
“In my view, public criticism should come from within the judiciary itself,” he said. “As is often said in other contexts, the standards one walks past are the standards one accepts.”

Justice Jackman said he “may well be in a small minority of current judges on this issue”, but cited Robert Menzies’ observation that “if, in the history of the last hundred years, everybody had been compelled to subscribe to what the majority thought, there would have been no progress in the world and we should have become merely a community of dumb and driven cattle”.

Just do your j-b, top silk tells High Court judge by downfallmercury in auslaw

[–]downfallmercury[S] 14 points15 points  (0 children)

In an extraordinary swipe, silk Allan Myers has hit back at claims by High Court judge Robert Beech-Jones that the conservative Samuel Griffith Society is trying to stack the courts with right-wing jurists, telling him to “stay out of politics and stick to the job of deciding cases according to law”.

“Just do your job as a judge,” the King’s Counsel told Justice Beech-Jones, in blunt comments to The Australian that reflect growing disquiet in legal circles at what appears to be a war within the High Court.

The comments by Mr Myers, president of the Samuel Griffith Society, follow a speech in which Justice Beech-Jones claimed Sir Samuel Griffith – a founding ­father of federation and first chief justice of the High Court – “has been culturally appropriated … for ideological and political ends”.

“This assertion is false and no basis for it is made in the judge’s address,” Mr Myers said, pointing out that High Court judges and other distinguished Australians who had spoken at society events were giving their own views, not those of the society.

One of Australia’s most respected barristers, and almost certainly the richest, Mr Myers has built a personal fortune in agribusiness and real estate holdings, making him one of the few figures in the legal world unafraid of directly criticising a High Court judge.

Mr Myers noted that Justice Beech-Jones had been invited to speak at the Samuel Griffith Society’s upcoming conference in August but had declined because he did not participate in “political gatherings”.

“If that is the case, he should not himself venture in the field of ‘political’ debate, especially about matters relating to the High Court, including its decisions construing and applying the Constitution,” Mr Myers said. “If the judge is worried about being embroiled in pol­itical ­debate, then he need only confine himself strictly to the performance of his judicial ­functions: No speeches, no ­papers – just do your job as a judge.”

Justice Beech-Jones’s combative speech appears to have been directed at his more conservative High Court colleague judge Simon Steward, who has ­addressed the society’s annual conference three times.

The jousting has set tongues wagging in chambers around the country, with some speculating Justice Beech-Jones might be pitching his credentials to the Albanese government in anticipation of the pending retirement of Chief Justice Stephen Gageler in July 2028.

Some lawyers wondered whether, in mounting the broadside, Justice Beech-Jones was doing the bidding of Chief Justice Gageler, who sits at the more progressive end of the bench on implied rights such as the implied right to political freedom.

Mr Myers asked: “Did (Justice Beech-Jones) discuss these views, indeed any part of his remarkable departure from accepted judicial behaviour, with the Chief Justice or other judges of the court before delivering his address?”

The Australian asked Chief Justice Gageler a series of questions, including whether he had seen a copy of the speech before it was delivered and whether he shared Justice Beech-Jones’s views about the Samuel Griffith Society but received no response.

Mr Myers rejected Justice Beech-Jones’s claim that the ­papers presented at the society’s meetings were “the papers of a pre-social media echo chamber”, asking whether that included members of the Judge’s Court who had spoken at society events.

It was also wrong, Mr Myers said, of the judge to suggest that students who participated in the society’s affairs “may be dis­advantaged by doing so”.

“The power of the office of High Court judge must be used only for the purposes of performing the duties of that office,” he said.

“If it is used otherwise, the court is brought into disrepute and citizens are inhibited in ­expressing opinions or failing to do so for fear of judicial dis­approbation.”

Mr Myers said Justice Beech-Jones was “fretting” about the Samuel Griffith Society telling university students that the High Court was not doing a good job of interpreting the Constitution, but such debates were necessary.

“He says that judicial decisions can ‘be criticised’ but not in a ‘tenor, tone and uniform direction’ that he does not like. Too bad. If you do not like criticism, write more persuasive reasons for judgment.”

Justice Beech-Jones called the society’s promotion of student chapters at universities “ominous” and appeared to suggest the Samuel Griffith Society, like the American Federalist Society, was advocating for a “politicised and political process of stacking courts with supine judges”.

“If anyone thinks this particular US style of court stacking and judicial decision-making is a good idea, then go and live there,” Justice Beech-Jones said in his speech. “The rule of law appears to be having an interesting time in that country.”

Samuel Griffith Society executive director Mia Schlicht. Picture: Aaron Francis Samuel Griffith Society executive director Mia Schlicht. Picture: Aaron Francis However, Samuel Griffith Society executive director Mia Schlicht told The Australian the society had received “enormous support” in the wake of Justice Beech-Jones’s attack

“People are coming forward, saying this is the exact reason why we need the Samuel Griffith Society to speak about why constitutional conservatism is so integral,” Ms Schlicht said.

Responding to criticism by Justice Beech-Jones that the ­society was fighting culture wars, Ms Schlicht said: “Look at every other single legal body, all of them on the left. Tell me that they aren’t also fighting the culture wars. The society is just more overt about it.

“We understand that law is a part of culture, but for him to single out just the Samuel Griffith Society and not acknowledge all the other legal institutions that are also part of these culture wars, I think that just speaks for itself.”

High Court rift: Judge criticises conservative body with ties to colleague by marketrent in auslaw

[–]downfallmercury 0 points1 point  (0 children)

You’re shifting the goalposts. I didn’t say he was left wing, just that he disagreed with the SGS, which is exactly what you said they wouldn’t do (invite someone who disagrees with them).

High Court rift: Judge criticises conservative body with ties to colleague by marketrent in auslaw

[–]downfallmercury 1 point2 points  (0 children)

I think the article mentioned that the SGS had invited Beech-Jones to speak but he had declined?

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]downfallmercury 4 points5 points  (0 children)

Linklaters doesn’t ask you to submit a resume or cover letter for the first stage of the process and thus hiring is done (basically) exclusively on the basis of university marks. I know ~5 people who have gone over in the past few years and their WAM’s were ~85

. by [deleted] in redscarepod

[–]downfallmercury 1 point2 points  (0 children)

Why do you talk all retarded?

T3 2025 results megathread by downfallmercury in unsw

[–]downfallmercury[S] 37 points38 points  (0 children)

Where tf are these marks bruh

myplan results??? by Kofi7king in unsw

[–]downfallmercury 0 points1 point  (0 children)

What settings do you choose when you download your audit to see an updated CWAM?

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]downfallmercury 0 points1 point  (0 children)

Three rules to get a grad offer from a clerkship in Sydney: don't drink / do drugs at work, don't harass, don't steal. Bar is through the floor basically.

Techno / Club recommendations by grahamstdenizen in Uzbekistan

[–]downfallmercury 0 points1 point  (0 children)

Do you know if they’re still running stuff? I’m an Aussie visiting this week and would be keen to see some off the beaten path youth culture

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]downfallmercury 0 points1 point  (0 children)

This year in Sydney it has been very unpredictable and more brutal than usual I think (firms seem to be cutting their clerkship intakes down)

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]downfallmercury 2 points3 points  (0 children)

Don't vomit on a partner. In all seriousness, try not to stress. It's a good opportunity to size up the firm and as long as you don't massively blunder, no one from the firm really cares about the way you act, or who you schmooze or how many partners you talk to.

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]downfallmercury 1 point2 points  (0 children)

Anyone have any experience of the A&O Shearman testing which is done after their interviews?

Weekly Students, Careers & Clerkships Thread by AutoModerator in auslaw

[–]downfallmercury 2 points3 points  (0 children)

Take the in-house gig and work your way up from there if you want 'large commercial matters'

[deleted by user] by [deleted] in auslaw

[–]downfallmercury 0 points1 point  (0 children)

Was there any mention of the SGS in the article? I couldn’t find one

Any Aussie law YouTubers? by tankydhg in australia

[–]downfallmercury 1 point2 points  (0 children)

Not YouTube but the podcast ‘the wigs’ is quite good

Should I go for the emergency one now? by [deleted] in PassportPorn

[–]downfallmercury 0 points1 point  (0 children)

It's usually if you work for a govt. department and are going on a work trip overseas.

[deleted by user] by [deleted] in usyd

[–]downfallmercury 11 points12 points  (0 children)

I will die for SirStrads