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Justinian Archive Articles from 2004
Read Articles from Year > 2010 > 2009 > 2008 > 2007 > 2006 > 2005 > 2004 > 2003
Judges    December 31, 2004  
Newspaper frenzy over judges' holidays turns to poo

The Australian turned the Jeff Shaw story into a campaign. Unfortunately, as in the “pampered” judges beat-up, there were a few less than desirable journalistic moments. ... more

Judges    December 31, 2004  
The Australian v Jeff Shaw

The Australian turned the Jeff Shaw story into a campaign. Unfortunately, as in the “pampered” judges beat-up, there were a few less than desirable journalistic moments. ... more

Week at the knees    December 21, 2004  
Week at the knees

Corpses litter the corporate battlefield … John Coates suing Alan “Dunny” Jones for beastly remarks … Berlusconi takes one step forward, one step back … Pope gets behind Tariq Aziz … Lord Woolf’s sentencing reforms out the window … Happy Christmas to all. ... more

Week at the knees    December 14, 2004  
Week at the knees

Transcendental meditation keeps offenders out of trouble … Barrister stands up to bullying judges … Victorian legislation to outlaw “document retention” rorts … Gadens designs its own Christmas cards … Solicitor and hairdresser in a tizz over Darlinghurst flat … Indian lawyers oppose shorter court holidays as a way of clearing the backlog. ... more

Evan Whitton    December 14, 2004  
Evan Whitton pleads for an end to paper pleadings

Give Sir John Prisot, CJ of Common Pleas, a large Cuban cigar. He smelled a lying rodent when a lawyer first slipped him a paper pleading. ... more

Week at the knees    December 6, 2004  
Week at the knees

High Court PR machine flat out … Specific federal law to wipe out James Hardie’s legal privilege … Hefty pay rise for WA judges … Roger Rogerson in tears … Media criticism of Lord Chief Justice undermining respect for the judiciary … Expert witnesses “making it up” ... more

Week at the knees    November 30, 2004  
Week at the knees

NSW solicitors labouring under higher ethical values … Victorian magistrate’s driving skills questioned … Armed robberies fall in last two years … Blair government pushes ahead with industrial manslaughter legislation … Berlusconi tightens the noose on the magistrates … 155 million “Bloody Sunday” inquiry uncovers precious little. ... more

Evan Whitton    November 30, 2004  
Double jeopardy, boil and bubble

NSW first law officer B. Debus comes to grief trying to get his changes to the double jeopardy rule through the Labor caucus. Remember, this was the rule that saved the bacon of the battlers’ friend John (“Pig’s Arse”) Elliott. ... more

Week at the knees    November 23, 2004  
Week at the knees

Tasmanian CJ becomes Governor following Butler disaster … Diana Bryant CJ enters the women-in-law debate … Pat O’Shane returns to the bench … Laws’ humorous obsession with “pillow biting” ... common law costs being reviewed as part of James Hardie scheme … Silvio Berlusconi claims “judicial persecution” ... New Zealand minister says judges not appointed on merit … After 700 years foxhunting is outlawed. ... more

Barry Lane    November 22, 2004  
Longford's legal maze

The Longford class action brought by businesses in Victoria has just been settled. But what about the workers? Those who lost wages as a result of the disaster at Esso’s gas plant didn’t get a look in. The tortured history of the Longford litigation. ... more

Evan Whitton    November 17, 2004  
Libel law based on lies distributes cash to liars. Now Ruddock wants to let criminals sue from the grave

Remember all those crooks who told lies under oath and won their defamation cases? Now first law officer P. Ruddock wants to allow criminals to sue from the grave. ... more

Week at the knees    November 16, 2004  
Week at the knees

Judges and former judges hog the spotlight … Jeff Shaw and the twin vials of blood … High Court gives Leigh Johnson’s secretary a new trial … Centenary House Royal Commission … Lord Chancellor threatens ambulance chasing lawyers with “voluntary” code. ... more

Judges    November 12, 2004  
The experienced, but forgetful, are usually forgiven their mistakes

The Victorian Court of Appeal dreamed-up a nifty way around sentencing oversights: experience counts for everything when it comes to forgetful judges. ... more

Bar Talk    November 11, 2004  
Lord Archer - still ducking and weaving

Retired barrister and tax recalcitrant Lord (Stephen) Archer is pulling out all stops to prevent further unpleasant action by the Bar ‘n Grill. This includes a case that the Administrative Decisions Tribunal displayed “iciness” towards him and is hopelessly biased against him. The tribunal found for itself. ... more

Week at the knees    November 8, 2004  
Week at the knees

Justice Kirby declares he’s a victim of gay hate … James Hardie surrounded by litigation sabre rattling … Terrorist threat for Australia stuck on medium … Women want an end to the defence of provocation in murder cases … Solicitor filches 9 million from Legal Aid Board … The Lord Chief Justice is fed up with his job. ... more

Evan Whitton    November 5, 2004  
Entirely a matter for you

“You are now to retire, as indeed should I, carefully to consider your verdict of Not Guilty.” A reprise of the Peter Cook skit, Entirely a Matter for You. ... more

Judges    November 4, 2004  
According to one ethicist, equality before the law does not apply to judges

Trouble for Justice Jeff Shaw, who is damned if he does and damned if he doesn’t. All sorts of challening ideas are coming out of the woodwork, including one that judges are less equal in the eyes of the law than the great unwashed. ... more

City Desk    October 28, 2004  
Argentina: splendor, tumult and tears

The editor’s unofficial glimpse at a Latino justice “system” ... more

Bar Talk    October 26, 2004  
Court of Appeal's costs orders against lawyers go pear shaped

NSW Court of Appeal’s costs orders against legal team in “futile” copper case look ridiculous now that it emerges the Police Association had fully indemnified the appellant … more

Judges    October 26, 2004  
Naughty Naughton gets a pasting

District Court Judge Terry Naughton’s special place in the hearts of many in the legal caper has not saved him from being tarred and feathered by Murray Tobias and the Court of Appeal … more

Court in the Act    October 26, 2004  
Court of Appeal's costs orders against lawyers go pear shaped

NSW Court of Appeal’s costs orders against legal team in “futile” copper case look ridiculous now that it emerges the Police Association had fully indemnified the appellant … more

Evan Whitton    October 20, 2004  
Academics are the ones who take law seriously - yet they take no strides to fix the ills of the adversary process

Recalling the troubling insights of A.P. Herbert, Sir Thomas Erskine May, Jeremy Bentham and Alan Dershowitz (among others) ... more

Evan Whitton    October 4, 2004  
How the RICO law nabbed a lot of judges and lawyers

In Chicago between 1984 and 1994, the wretched RICO law gaoled 20 judges for extorting bribes, and 50 lawyers for paying them. Happily, that sort of thing could never happen here, but the episode did tend to give new meaning to the term cartel … more

Around The Firms    September 22, 2004  
James Hardie Commission Of Inquiry

David Jackson QC lets the lawyers off the hook for underfunded asbestos compo catastrophe. Allens Arthur Robinson found to have breached its duty to the court in failing to disclose the likelihood of the cancellation of local company’s partly paid shares. But that failure was “not deliberate”. Updated report … more

Court in the Act    September 15, 2004  
High Court Hoedown

Warfare on the High Court. McHuge and Kirbs JJ go hammer and tongs on argument about “indefinite detention” for aliens. Boys. Boys. That’s quite enough … more

On the Couch    September 15, 2004  
Nicola Roxon

Shadow Attorney General Nicola Roxon doesn’t go to films, doesn’t believe in animals, had an unpleasant experience with brain patties, and is hooked on Ventolin. Find out what’s she’s like On the Couch. ... more

Court in the Act    September 8, 2004  
Cancer stick privilege finds favour with British appeal judges

With the greatest respect, the English Court of Appeal says its counterpart in NSW was not thinking straight. A number of cancer stick manufacturer BATCo’s deeply embarrassing documents should be privileged. ... more

Court in the Act    August 18, 2004  
Sweeney company in dot com dot au brawl

Charles Sweeney’s dot com dust-up in the Federal Court … Jeff Spender clipped on the ear by Full Court over excessive delay in Danny Hill case. Ginger Snatch reports … more

Evan Whitton    August 11, 2004  
Asleep in Toowoomba's windowless courtrooms

Evan Whitton slept through the Toowoomba magistrate’s hearings. Now he asks, “Why is the justice system so weird?” ... more

Bar Talk    August 6, 2004  
Street of shattered dreams

Strife over Charles Sweeney’s Phillip Street chambers … Barrister before the stipes on “misleading submissions” claim. ... more

City Desk    August 5, 2004  
To Fruity from Dunny

Three of Alan Jones “love” letters to David Flint have been sent to Justinian. These epistles were part of the correspondence that was never disclosed to the ABA by Flint. Of course, the letters show Jones at his most sanctimonious. Read them and cringe. ... more

Around The Firms    August 2, 2004  
Delving in the cancellation of the partly paid shares - Allens Final Evidence

Final flurry of evidence from Allens’ lawyers at the James Hardie inquiry. Uncertainty prevails… ... more

People    July 29, 2004  
Sir Lorenzo Il Magnifico

Sir Laurence Street speaks to Justinian about the art of mediation, life for judges after the bench, Royal Commissions, Jessie Street, on being the “King of Beasts”, and his legacy. ... more

Court in the Act    July 26, 2004  
Champertous solicitors find a bit of favour with Court of Appeal

Latest round in the fees’ wrestle involving the massive Freehills’ litigation. Court of Appeal drives a coach and four through small law shop’s fee agreement with client and finds the trial hadn’t miscarried because of the judge’s relationship with the chairman of Freehills. More chaotic reporting from Miss Ginger Snatch … more

Court in the Act    July 15, 2004  
High Court says judicial pay needs "continued attention"

Forget the unpleasant perception of the way the NT Chief Magistrate was appointed by Shane Stone “QC”, the wonderful thing, says the High Court, is that he was eligible for an early review of his pay and perks. The Bradley case gives rise to more constipation. ... more

Theodora    June 21, 2004  

Deputy Registrar’s deadweights … Justice Ipp’s wonky wake-up call to anaesthetists … Melbourne solicitor accused of nicking client’s kitchen appliances … AG’s historic library being dismembered … Somosi’s imputations flop … By appointment to the Viceroy of Tasmania … “Spud” Murphy’s bail application runs off at the mouth. ... more

Court in the Act    June 16, 2004  
Unisys Australia Ltd v RACV Insurance Pty Ltd - Judges' misplaced call for indemnity costs application

Appeal judges get over-excited in urging application for indemnity costs in RACV Insurance litigation … Peter Richards’ defamation case settled just as things were warming up. Barry Lane reports from Melbourne … more

Court in the Act    June 2, 2004  
BIAS BEAT - Not his brother's keeperů

Bias beat. Justice Peter McClellan should have disqualified himself from litigation over fees because his brother is a partner of Freehills, which caused all the trouble in the first place, or so runs the argument of champertous law firm… Taswegian Law Society applies for judge to disqualify himself on grounds of “actual bias” against the hapless professional body… And, Brisbane rhino still snortling as fight over carve-up of solicitors’ super fund gathers pace … more

Court in the Act    May 24, 2004  
Ok Tedi: litigation drowned in tailings

Slater & Gordon’s Ok Tedi saga … The class action that was swept away in the tailings … more

Theodora    May 17, 2004  

Fruity Flint’s fascinating theory about Mabo … Watch out Roddy, Kirby and Fieldhouse are now collaborating on a book … Burnside’s beefy punch-bag replacement … LIV takes on Legal Ombudsman (again) ... Top End magistrate under investigation … Another failed round in Brisbane barrister’s house fire defo … Daphnis’ heavy handed admission rejection … Johnny Howard apparatchik for Law Society of NSW … Grovel … more

Theodora    April 22, 2004  

So sexy, said the actress of the Chief Justice … Daphnis dunks women in hot water … Another (male) judge frocks-up … Inside Madge’s mouth … Stephen Archer defamed … David Levine strangles more English … Dean Mildren “the idiot” ... more

Court in the Act    April 15, 2004  
Judges On The Rack

Judges on the Rack: John Dowd smacked for being slow and wrong … Daphnis de Jersey CJ mucks-up murder trials … Pat O’Shane’s defamation evidence not correct … more

Critics' Corner    April 7, 2004  
Portraits on Yellow Paper

Michael Kirby reviews Portraits on Yellow Paper. He likes Simon Fieldhouse’s illustrations, but Roddy Meagher’s text is “marred by unnecessary nastiness”. Roddy is “ever the private school-boy” ... more

People    March 26, 2004  
The Tangled Webb

Look who’s bobbed-up as head of the Law Council of Australia. An old Labor insider from the Stalinist days at the NSW AG’s Department. Read something of the life and times of a great survivor, Peter Webb … more

People    March 22, 2004  
From the Pulpit

Sheahan & Sheehan give vent to feverish thoughts. The former attacks the profession over workers comp, while the latter goes overboard on judges who dare to disagree with juries … more

Judges    March 18, 2004  
On the occasion of the retirement of the Hon Mr Justice Roderick Pitt Meagher

Finally, Roddy Meagher’s own farewell speech emerges from a lengthy process of proof reading. There’s plenty of enjoyment as he makes cracks about Spigelman CJ’s tubbiness and Gleeson CJ’s chilliness. Even more distressing are his thoughts about the superior qualities of leading NSW barristers … more

Judges    March 15, 2004  
Roddy Meagher JA's farewell

Huge turnout to farewell Roddy Meagher from the NSW Court of Appeal. “Hormones” Harrison made a very funny speech about Roddy’s “lectern draping” style of advocacy … more

Court in the Act    March 11, 2004  
Distressing Accusations in Tassie and Victoria

Litigants challenging the jurisdiction of the court or seeking the removal of judges in Yarraside and Van Diemen’s Land. Judges resist the temptation. Ms Ginger Snatch (judges’ associate) reports
March 11, 2004 … more

Sir Terence O'Rort    February 18, 2004  
With Friends Like These...

Was he a client or wasn’t he? Court of Appeal breathes life into Brisbane solicitor Stephen Gray’s action against Anthony Morris QC (Lord Eldon) for allegedly bum barristerial advice over failed NCA proceedings … more

Theodora    February 17, 2004  

John Cummins gets another five years of bankruptcy … Supreme Court of Yarraside feeling the hot, sticky breath of Sydney … Dubya’s Capital “C” Conservative judicial nominees … Queensland’s Crime and Misconduct Commission gives Daphnis de Jersey short-shrift … more

Judges    February 13, 2004  
The dicing of Heydon's big speech

Justinian discovers the full text of Dyson Heydon’s famous Quadrant speech. Some of the juiciest parts were chopped from the published version to make it more palatable for public consumption. Here are the bits where Dice pokes his tongue out at his least favourite judges … more

Court in the Act    February 4, 2004  
High Court gives green light to kiddie fiddling lawyers

High Court off to a flying start in 2004, finding that a solicitor’s indecent assault of two underage girls does not amount to professional misconduct. Such awfulness is too remote from professional practice … more

Court in the Act    January 31, 2004  
A lawyers' construct entirely without merit

Costs in Melbourne’s version of Flower & Hart case due to be heard on March 25. “Unmeritorious” litigation could prove expensive, for lawyers … The High Court’s thinking on the challenging issue of gay refugees was bound to isolate the men from the chaps … more

Hellfire Club    January 31, 2004  
Slow trickle of money to barristers gives rise to terrible penalty

Victorian government looking at Mills Oakley’s participation on general legal panel following awful whack for not paying barristers smartly enough … more