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Justinian Archive Articles from 2005
Read Articles from Year > 2010 > 2009 > 2008 > 2007 > 2006 > 2005 > 2004 > 2003
Harold Skimpole    December 23, 2005  
London Calling

Major English law firms in trouble over double-dip fees extravaganza while battling on behalf of the working man … Barrister sues the Bar Council for prosecuting him … Significant victory for the Melton Mowbray pork pie, whose name could be as sacred as Parma Ham in European protected name tussle. But like the law, you really don’t want to know the ingredients of a pork pie ... more

Roger Fitch Esq    December 22, 2005  
Our Man in Washington

The law lords have come out against torture evidence extracted abroad. What’s wrong with those spineless Limies? In Washington the Senate and the Pentagon are busy coming up with exciting new schemes to counter the McCain amendment so that the torture chambers can keep up the great work ... more

Week at the knees    December 19, 2005  
Seven days in the law

News Ltd lawyer tries to dig himself out of strife … Former LIV president in trouble … Melbourne appeal judges’ cut short their hols … Three new Federal Court appointments … Twenty-eight year sentence for Bradley Murdoch handed down in televised proceedings … Saddam’s trial not going according to plan … House of Lords rules against admissibility of evidence extracted by torture overseas ... more

Evan Whitton    December 13, 2005  
Bring on the Cour d'Assises

How fitting that Evan Whitton, in his final column for the year, should re-emphasise that the common law is a “load of money-making rubbish”. Which leads him to think that if the common lawyers are opposed to majority verdicts in criminal cases, then the change must be needed ... more

Polly Peck    December 12, 2005  
Capital Offences

Fabulous Phil works his magic on the family law amendments, and talks about his 34 years with Mrs Fabbo. He also gave a marvellous lecture to the C.E.W. Bean seminar warning that right now the next Lord Haw Haw is probably lurking in the ranks of the press gallery … Meantime, Bunter Downer lays the ground for a few more executions of Australians by our friendly neighbours ... more

Roger Fitch Esq    December 8, 2005  
Our Man in Washington

It’s been a busy time in Washington with the Guantanamo appeals. Lawyers for the detainees are having to argue the cases in the courts all over again, thanks to the govenment simply ignoring court rulings with which they do not agree. There is a pattern of behaviour by Rummy, Vice and others to “marginalise or eliminate the judicial function”. This sounds all too familiar ... more

Polly Peck    December 7, 2005  
Capital Offences

The terror laws pass and Fabbo Ruddock is over the moon. This is a victory for human rights, he insists. Polly Peck traces another frantic week in the media for the attorney general, who throughout his performances keeps his Amnesty badge nicely gleaming ... more

Week at the knees    December 3, 2005  
Seven days in the law

“Eminently suitable” Gerard resigns from Reserve Bank board … Nguyen execution: Bunter Downer says Robert Richter is a “creep” ... $600,000 alleged to have been paid to secure Leslie release … More birds on the Love Boat … Another spanking for Pat O’Shane … Sexy Rexy asks: “Mr Murdoch where did you bury Peter Falconio?” ... After a four year delay James Hardie signs compo deal … One.Tel: Jamie doesn’t remember much … Lord Black says he being smeared ... more

Sir Terence O'Rort    November 30, 2005  
Wine and fashion fest hits QLS

Sir Terence O’Rort hates a drink, that’s why he’s a bit cranky over all this wine sponsorship in the QLS organ, Proctor. Meanwhile, excitement mounts for Friday’s brekkie with Daphnis ... more

Roger Fitch Esq    November 29, 2005  
Our Man in Washington

The Senate is voting to do away with appeals by Guantanamo detainees. There could be some constitutional impediments to the legislation but the prospects for David Hicks look worse than ever. In the meantime, the Pentagon is pressing ahead with new charges against more Guantanameros ... more

Evan Whitton    November 29, 2005  
A brief history of sedition

The origins and evolution of sedition from 1450, when printing was reinvented, to today, where we find Howard and Ruddock dusting down the old H. Talbot Gibbs’ plan. Evan Whitton also unveils his new book, a mercifully brief and fun tome called Serial Liars (order now) ... more

William Collins    November 28, 2005  
Notes from Yarraside

David Byrne J troubled by boots-and-all style of litigation … Justice Elizabeth Hollingworth drops the judicial language, for a moment ... more

Barry Lane    November 28, 2005  
Full and frank

The Victorian authorities have taken a harsh approach to a fellow desperate to be a solicitor, but who kept forgetting large slabs of his unhappy past when he applied to be admitted. The creative excuses and the lapses of memory might, in less puritinical times, have been the pride of the profession ... more

Darwin    November 25, 2005  
Letter from Darwin

The madness is everywhere as the monsoon hovers off the coast … The Falconio trial meanders on … Mr Potato Pants gets into strife with the law … Record rates of imprisonment in the new age of Labor Enlightenment … Mr Loadman SM receives starchy letters from the CJ … NT Police Association’s wild sense of humour in pizza delivery drama … Is Rabbit Flat as miserable, ugly and boring as Adelaide? ... more

Week at the knees    November 25, 2005  
Seven days in the law

A mixed week for Australians with drugs in Asia … Jurors in sexual assault cases favour victims with higher incomes … Corporate counsel among the highest paid executives … ACCC says some law firms use delaying tactics … Official Secrets Act waved at British media who want to publish information about Bush’s plans to bomb al-Jazeera ... more

Around The Firms    November 24, 2005  
Another Balls up

“Your Honour at the end of the day what we are dealing with is the delivery of a phone number. Everything else essentially was serendipitous.” Well not quite, Mr Hutley … more

Polly Peck    November 24, 2005  
Capital Offences

The senate committee examining the Anti-Terrorism Bill spent its last week with plenty of challenging witnesses. The committee members themselves did not pass up the opportunity to display some epic grandstanding, point scoring and back-biting. Polly Peck was there with her notebook to record democracy in action ... more

Harold Skimpole    November 21, 2005  
London jottings

New tax laws impact unhappily on judicial pensions. The judges are seeking legal advice and there is even talk of litigation … Glittering silk Lord Bob Alexander dead at 69. He made a fortune by appearing for all the right people – Bullmore Packer, Little Lord Archer, Margaret Thatcher’s government, et al ... more

Week at the knees    November 18, 2005  
Seven days in the law

Little Johnnie basting in “vindication” ... Lawyers fuming over police prejudice … Ruddock says “relax” about sedition … Victoria’s new document retention laws … NSW to allow majority verdicts … Barrister Bill Davidson struck-off … Hicks to wait for “trial” ... Go Russ Go … “Lord” Black to be charged with plunder ... more

Barry Lane    November 16, 2005  
The cheque's in the mail

Witholding payment from needy types such as barristers apparently is not viewed terribly seriously by the stipes in Victoria. A couple of tightwad solicitors got a tickle with the feather duster for holding back cheques worth $126,000 ... more

Polly Peck    November 14, 2005  
Capital Offences

Little Johnnie subjected to fearful grilling on terrorism by Dunny Jones and Brillo Pad Laws … There’s one word for Bunter Downer – “flog” ... Fabulous Phil clarifies resignation implication at High Court doorstop ... more

Evan Whitton    November 14, 2005  
Frank Galbally - a reasonable doubt for a reasonable price

Melbourne legend Frank Galbally might well have frequently run the polar bear defence, such was his success as a criminal defence advocate. Probably he was more successful then the official record holder, Sir Lionel Luckhoo ... more

Callinan Diaries    November 11, 2005  
The Secret Diaries of The Hon. I.D.F. Callinan AC - Part Four

What with book launches, radio appearances, writers’ festivals, not to mention Gleeson cracking the whip about “timely” judgments, there’s been ample distractions in the daily life of Justice Callinan, as this latest instalment from his diary makes clear ... more

Court in the Act    November 10, 2005  
Fresh blood and living instruments

Susan Crennan’s swearing in as a judge of the High Court reflected the sobriety of the times. There were precious few sparkling moments, according to judges’ associate Miss Ginger Snatch

... more
Week at the knees    November 8, 2005  
Seven days in the law

Terror Australis ... Lawyers here and abroad maintain the rage against the government’s proposed laws … Ruddock pleads with court not to send Murdoch journalists to jail … Sackville urges Seven to talk settlement … ASIO settles with botched raid victim … Melbourne’s commercial bar goes quiet … Magistrates in Zimbabwe starving ... more

Harold Skimpole    November 8, 2005  
London jottings

The hunting season has started and already devious plots are afoot to circumvent the ban on flushing-out foxes with dogs … The Lord Chancellor is in strife for meddling with judicial appointments. Now, quelle horreur, he wants more women and non-Oxbridge solicitors on the bench. The judges are revolting ... more

Polly Peck    November 7, 2005  
Capital Offences

Mendacity fills the airwaves as Little One, Bunter and Fabbo spruik their stuff. Naturally, the PM was ably assisted by the Golden Tonsil’s languid interrogatories, but the AG’s usual gobbledegook met a strong challenge during an interview on the BBC’s Hardtalk ... more

Paris Nesbit KC    November 4, 2005  
Tempest by the Torrens

The Adelaide courts have been much taken up with Lion Nathan’s hostile bid for Coopers … the footballer who wants workers’ comp for on-field injuries … and the state’s insistence on privilege in a case brought by a stolen child ... more

Evan Whitton    November 2, 2005  
Colonel Wainer's 1969 summer offensive

Journalism is the last of the fun industries. Evan Whitton remembers the escapades at The Whore of La Trobe Street and the campaign to show that bad law makes bad cops ... more

Week at the knees    November 1, 2005  
Seven days in the law

Government’s flawed anti-terrorism laws under assault … Ruddock says criticism of bill is an “insult to judges” ... Lawyer for alleged terrorists wins damages over “pork chop” jibe … Cockatoo Cooper guilty as charged … Newspapers grovel to Brian Martin CJ over “Brian” allegation … Dubya nominates “Scalito” for Supreme Court ... more

Barry Lane    October 31, 2005  
Juries, judges and mistakes

Robbie Richter says “juries do not make mistakes, judges do”. Which is all very well in the criminal world but, as Barry Lane reminds us, in the civil sphere the proposition is far from clear cut ... more

Polly Peck    October 30, 2005  
Capital Offences

God on trial. Lawyers take on “intelligent design” at Canberra’s St Thomas More forum. Polly Peck was there with her notebook and managed to record some of the curious arguments from an all-star cast: Lord Denning, Karl Marx, David Hume, Pythagoras, Socrates, et al ... more

Harold Skimpole    October 25, 2005  
London notebook

Our new London correspondent joins Justinian’s team of experts and files his first report: Packer hires flack merchants Hawker Britton to lobby the Blairites over exciting new gambling laws … Court finds that a former transport minister did lie but whether that makes him a “proven liar” is another matter ... more

Polly Peck    October 24, 2005  
Capital Offences

Our Sundays are now ruined by Little Johnnie and Fabulous Phil grabbing the spotlight to dazzle us with their new tricks … Also, Golden Tonsils, fresh from his campaign against “pillow-biting”, puts Fabbo through his paces on whether the exciting new sedition laws might prevent broadcasters being vile ... more

Roger Fitch Esq    October 21, 2005  
Our Man in Washington

What with Harriet Miers’ confirmation looking increasingly unlikely, Roger Fitch endeavours to explain how it is that a Democrat can transform into a Republican, let alone how a Catholic can become an evangelical. These switches were quite the thing in Texas and, surprise-surprise, it’s all to do with opportunism ... more

City Desk    October 19, 2005  
Lawyers and money

Bret Walker SC, one of the Sydney Bar n’ Grill’s finest, sees dangers in the growth of mega-firms and the inexorable slide of the legal profession into a business. The business services part of the law should leave the profession and join up with their spiritual affiliates – the bankers, accountants and financiers ... more

Week at the knees    October 18, 2005  
Seven days in the law

Sedition danger faces government critics … McHugh keen on civil rights … The Tub wants more High Court judges … Moira Rayner charged … Alleged beasty boy stirs comments from Companion Rabbit Society … Lord Chief Justice warns Blair over brow-beating ... more

Roger Fitch Esq    October 17, 2005  
Our Man in Washington

Even Roger Fitch in Washington is all steamed-up about the new world of “seditious intention” which is part of Little One and Fabbo’s Anti-Terrorism Bill. Quite how the legislation will help catch real terrorists is a mystery. Under these measures critics of the government are the new terrorists ... more

Evan Whitton    October 17, 2005  
Intellectual torpor

H.L. Mencken, Justice Frank Vincent, Kerry O’Brien, Robert Richter, Ray Williams and William Blackstone all have important mentions in this dissertation on the importance of scepticism ... more

Sir Terence O'Rort    October 14, 2005  
Foul-mouthed grasper struck off

The public needs to be protected from Mick (Rhino) Baker, according to Queensland language monitor Marty Moynihan. But not just yet, because the Rhino is still on the roll pending an appeal ... more

Polly Peck    October 14, 2005  
Capital Offences

Polly Peck gets to grips with an insult drenched week in Canberra … Fabulous Phil accuses Labor of offering “little more than salad dressing” on family relationships … And Fabbo’s “interview” with Ray “Slaughterhouse” Hadley ... more

Court in the Act    October 13, 2005  
A study in contrasts

Harriet Miers and Susan Crennan – both nominated to go to their countries’ highest courts and both reliably conservative. At least Little Johnnie doesn’t have to get out and “sell” Crennan’s credentials, whereas Dubya’s up to his armpits in a “Harry” Miers’ marketing blitz ... more

Polly Peck    October 10, 2005  
Capital Offences

Tubby Callinan appears at the Canberra Readers and Writers Festival and talks about inspiration, characters and family … Lillian, Bomber and Fabbo strut their stuff ... more

Roger Fitch Esq    October 10, 2005  
Our Man in Washington

There are a variety of cases brought by “enemy combatants” running through the US courts right now. They could be a means for Republican judges to remodel the constitution in favour of absolute executive power. No wonder Bush just loves a continuing state of war ... more

Bar Talk    October 6, 2005  
No carpet sweeping

What’s all the fuss about crown prosecutor Margaret Cunneen’s Ninian Stephen lecture? The complainants climbed onto their high horses, tethered conveniently near ... more

Bar Talk    October 6, 2005  
Margaret Cunneen's famous lecture

Living Within the Law was the title of NSW senior crown prosecutor Margaret Cunneen’s Sir Ninian Stephen lecture at Newcastle University. It created an enormous fuss and as a result she is now the subject of complaints to the stipes. The trouble is very few have read the lecture in full. Here it is (it warms up in the second half) ... more

Evan Whitton    October 4, 2005  
A clear and present danger

Thanks largely to Dick Cheney, with his rusted on snarl, the oligarchy is in great shape. Evan Whitton reminds us that the business of America is wars abroad and pollution at home ... more

Week at the knees    October 4, 2005  
Seven days in the law

Howard seeking to get “pains in the neck” out of the workforce … Another Federal Court judge dies … Over 130 suppression orders this year in Victoria … Blair says criminal justice is two centuries out of date ... more

Polly Peck    September 30, 2005  
Capital Offences

Welcome to Terrorville, where judges act as “individuals”, where lawyers are put in a box and where house arrest can be extended on a “rolling basis”. Mick “Kelpie” Keelty says this is a win for democracy. Trouble is, Bomber Beazley is even more gung-ho. Polly Peck gathers all the droppings from a horrible week ... more

Week at the knees    September 30, 2005  
Seven days in the law

Bubba Bennett on Crennan … Sir A. Mason on selection … Michael Black’s Paris blooper … “Spiggsy” Spigelman’s London speech … The Cunneen complaints … Channel 7 case … Corporate skulbuggery: Tyco, WorldCom, Hollinger … One legged judge pleads insanity ... more

Bar Talk    September 28, 2005  
Silk cut for 2005

A handful made it through the hoops with enough nods, winks and ticks to be anointed by the Sydney Bar n’ Grill. Another 118 will be disappointed and face the gruesome prospect of an “explanatory” session with Hormones Harrison. Oh, one of the 17 new silks is a woman. ... more

Sir Terence O'Rort    September 28, 2005  

Mick “Rhino” Baker from the big brassy no win-no fee shop of Baker Johnson has been found guilty of professional misconduct and unprofessional conduct. Dishonest overcharging and bilious bouts of over-ripe language helped sink the bruiser ... more

Barry Lane    September 23, 2005  
Judicial directions in sex trials

No wonder there’s been a rise in the number of retrials ordered in Victoria, particularly in sex cases. Barry Lane looks at the black holes into which trial judges can tumble with Longman, Vonarx and Kilby directions. President Maxwell is on the case ... more

Judges    September 22, 2005  
Meet Mr Justice Crennan

The new High Court person has loads and loads of “merit”. This is the “best person for the job” who “stood out in a very talented field”. Fabulous Phil spins hard to downplay the “woman” factor. Why? ... more

Week at the knees    September 22, 2005  
Seven days in the law

Three Clayton Utz brass being investigated over witness coaching claim … “International manace” Russell Crowe threatens to stay in Australia … Up to 30 barristers to be charged for late tax returns … Lawyer gets 18 months for leaking to a reporter ... more

Bar Talk    September 21, 2005  
Desperately seeking silk

Here they are – the 135 from the Sydney Bar n’ Grill who’ve applied for the 2005 silk cut. Between 25 and 35 in all will be annointed by the inner sanctum and announced when all the yeses, noes and not yets have been secretly weighed ... more

City Desk    September 21, 2005  
Press Council pings The Australian

The Australian Press Council upholds some of the complaints against The Australian made by NSW AG Uncle Bob Debus. Remember the campaign against the “pampered” judges of NSW and how they were behind with their work because they took such long holidays? Well it seems Rupert’s organ failed to check claims, lacked fairness and balance and misled readers. So what’s new pussycat? ... more

Evan Whitton    September 19, 2005  
A good dose of derision

If it’s quite acceptable for barristers to use derision to obscure the truth in adversarial proceedings, why can’t it be used to extract the truth in commissions of inquiry? At last, someone sticks up for Lord Eldon’s skilful application of scorn ... more

Roger Fitch Esq    September 19, 2005  
Our Man in Washington

It seems likely that vice president Cheney didn’t have to ring Dennis Richardson at the embassy and ask Australia to kick-out little Scotty Parkin. Around these parts Australia will not only do a favour for free, but before Dick even has to ring ... more

Polly Peck    September 16, 2005  
Capital Offences

A week in the life of attorney general Ruddock. Fabuloso agonises about whether he’s done enough to deal with a “real threat in broad terms” ... more

Critics' Corner    September 16, 2005  
The Tyrannicide Brief

He may be the plummiest lad to have emerged from Epping Boys High but Lord Robbo has produced a terrific book that puts the seventeenth century barrister John Cooke at the centre of so much of what we love today ... more

Roger Fitch Esq    September 13, 2005  
Our Man in Washington

Much will depend on the new nominee to fill the Sandra Day O’Connor vacancy as the appeals process tries to resolve conflicting lower court opinions about the rights of Guantanamo detainees. Maybe Sandra will sit on until her replacement gets through all the hoops ... more

Week at the knees    September 13, 2005  
Seven days in the law

Little Johnnie wants us all a bit more nervous … Class action against Multiplex revving-up … Judge draws judicial pay while working for Halliburton … More tax scam trouble for KPMG … Hopeless lawyer conduct in the land of the strangled vowel ... more

City Desk    September 9, 2005  
The law underwater

Forget the silly Allens’ emails, here’s one from Louisiana that gives a graphic account of the flooding. The legal system has been drowned in Baton Rouge, New Orleans, etc. The lives of lawyers and clients alike are underwater ... more

Polly Peck    September 9, 2005  
Capital Offences

Polly’s been in a whirl all week but has managed to discover that two of the great drones of the government, “Fabuloso” Phil Ruddock and Eric “The Alligator” Abetz, are in sizzling form ... more

Around The Firms    September 9, 2005  
Allens fires the wrong people

The bitchy email exchange between two members of staff in the Sydney office of Allens shows the speed with which naked exposure can happen on the internet. True to form, Allens’ responded in precisely the wrong way ... more

Darwin    September 8, 2005  
Letter from Darwin

Shane Stone “QC” eyeballs the remnants of the Country Liberal Party … There ought to be an inquiry into why all the other inquiries into petrol sniffing have gone nowhere … Bushie Martin CJ gets a (small) insight into traditional lore … Muscles v the Bandicoot in the Alice ... more

Week at the knees    September 6, 2005  
Seven days in the law

Judges unimpressed with David Bennett’s IR ads argument … NSW government warns law society over proposed misuse of public money … Federal judge wants a national court of appeal … Beattie’s new flip-flop on Dr Death inquiry … Partners’ pay packets bulging at the seams ... more

Paris Nesbit KC    September 5, 2005  
Another shameless beat-up

The Australian published details of police files on the Ashbourne-Atkinson affair. According to Paris Nesbit KC, the allegedly incriminating document is a pile of poo. More smelly political laundry washed by the banks the Torrens ... more

Evan Whitton    September 5, 2005  
The law of affront

The law that sees reptiles locked-up for not pimping on their sources is derived from medieval superstition, and bolstered by the “Blaze of Glory” theory ... more

Polly Peck    September 2, 2005  
Capital Offences

All the talk is about Costello this, Costello that. In the barnyard cackle we’ve overlooked the obvious contender for the Prime Ministership – “Fabulous” Phil Ruddock. Better still, what about the High Court, or somewhere ... more

Sir Terence O'Rort    September 2, 2005  
Dr Death inquiry dies

Queensland’s version of the Oprah Winfrey show has been closed down by order of the Supreme Court. Lord Eldon has gone into exile and the Bjelke-Beattie government is looking more clod-like than usual ... more

Sir Terence O'Rort    September 2, 2005  
QLS' brisk trade in the "knowledge" biz

Mark Twain said “I have never let my schooling interfere with my education”. Inspired by that notion the Queensland Law Society’s points system for Continuing Professional Development does not interfere with members’ understanding of the law ... more

Week at the knees    August 31, 2005  
Seven days in the law

Ronnie Sackville just loves media criticism … Spigs speaks out on Hicks trial … Crime Commissioner Moira Rayner disgraced over tip-off … “Sir” Terry Lewis loses appeal in action against lawyers … Woolf LCJ to be a thorn in Blair’s side in Lords … Saucy book about life at a London law firm is pure “imagination” ... more

Roger Fitch Esq    August 30, 2005  
Our Man in Washington

John Roberts faces serious hiccups in his Supreme Court confirmation hearings. He failed to disclose that he had been approached by one of the parties in Hamdan’s case – a Guantanamo detainee appeal. This lapse could be good news for David Hicks because it gives Hamdan’s lawyers strong grounds of appeal and a rehearing on the Geneva Convention point. Washington is throbbing ... more

City Desk    August 30, 2005  
Dashing move by Law Soc chief to lock-up journalists

Three print journalists are looking for clean jimjams and toothbrushes as the president of the Law Society of NSW wants to haul them before the court and get their source for a juicy leak about the shenanigans over the reappointment of the CEO, Mark Richardson ... more

Week at the knees    August 24, 2005  
Seven days in the law

McHuge says It’s Time … Hefty blow out in defence force compo … Hormones wins an Ernie … Gunns landed with costs for botched statement of claim … El Nino affects litigation in USA and England ... more

Barry Lane    August 22, 2005  
Doubts about "reasonable doubt"

In the mysterious case of the murdered solicitor, the Victorian Court of Appeal preserves the opaqueness of the instruction “beyond reasonable doubt”. The waters remain nicely muddied ... more

Evan Whitton    August 22, 2005  
President Codpiece's remedy

Now the Brits are nibbling at the French system of using pre-trial judges in terrorist cases. But surely the French are inferior at all things – except food, wine, the anthem, and sex ... more

Polly Peck    August 19, 2005  
Capital Offences

Fabulous Phil’s cronies to decide the location of the new family relationship centres … Big Kev Andrews and his missus have a night out at Canberra’s St Thomas More forum … Liberal mates soak up big bikkies on government IR propaganda … Bomber wants Little Johnnie to ring Bambang about Abu Bakar Bashir ... more

City Desk    August 17, 2005  
Legal Affairs v Legal Affairs

It promised to be a great newspaper battle as Murdoch’s Australian took on Fairfax’s Financial Review in a wrestle for law-related advertising. Despite Chris Merritt shifting camps, Fairfax has kept its paw on the lion’s share of the loot … more

Callinan Diaries    August 17, 2005  
The Secret Diaries of The Hon. I.D.F. Callinan AC - Part Three

Justice Callinan, in the latest instalment from his diary, reveals the careful behind-the-scenes planning for a special event to mark the High Court’s official farewell of Michael McHugh ... more

Week at the knees    August 16, 2005  
Seven days in the law

Little Johnnie considers “citizenship deprivation” for those without “Australian values” ... Judges confront Blair over special anti-terrorist courts … ICAA confusion over Lay investigation … Law graduates head for clerical and sales work … Quite a bit of death and bad behaviour ... more

Darwin    August 13, 2005  
Letter from Darwin

Buffalo Bruce files from the Top End on Judge Dredd’s inquisitions ... Amusements from the magistracy … DPP Sexy Rexy Wild’s parting shot about money … And the CLANT knees-up in Bali starring Major Dan Mori … more

Polly Peck    August 13, 2005  
Capital Offences

Our Canberra field agent is keeping an eye on the affairs of state. The matter in hand is Fabulous Phil Ruddock’s message to big biz that terrorism is everywhere, so let’s hold hands and cuddle-up closer ... more

Paris Nesbit KC    August 10, 2005  
Young Lochinvar is come out of the west

Letter from Adelaide. It took a year of groping about by Mike Rannbo’s South Australian government to find a new, dream Director of Public Prosecutions. Stephen Pallaras QC rode out of the west to take the job. In less than three months it has all gone dreadfully sour ... more

Week at the knees    August 9, 2005  
Seven days in the law

Willee, Gaudron, Bunter, Lord Robbo and Fabulous Phil on Hicks … Jeff Shaw off the PIC hook … Skaf retrial to go ahead … Lord Eldon in the Qld Supreme Court … September 12 for big media case … Vic Bar n’ Lounge changes rule to thwart acting judges … Deacon’s partner’s black bookkeeper joke … New reality lawyers TV show in US ... more

Evan Whitton    August 9, 2005  
Judicial ethics. Please explain

The risks of turning tommy gunners into judges without first re-wiring their brains. There should at least be an oversight body that sends out a polite “please explain” to intellectually dishonest judges ... more

Around The Firms    August 4, 2005  
Final Round. Boxer and law firm settle

Kostya Tszyu and his former solicitors, Eakin McCaffery Cox, have settled their long running dispute. The firm’s insurers coughed-up $4 million, which makes it one of the biggies in professional negligence settlements ... more

Week at the knees    August 2, 2005  
Seven days in the law

Korp daughter sues uncle over snaps of comatose mum … Former Bakers’ boy suing Roman Catholic Church … Full Federal Court puts limitations on deportation of asylum seekers … Judges get final notices from the ATO … Vizard still to digest Fink judgment … US judges behaving badly in their cars … Judge’s body language results in convictions being quashed ... more

Barry Lane    August 1, 2005  
Lies, damned lies and the Edwards' direction

Courts are far more benign institutions than tribunals when dealing with lying defendants. The case of Melbourne Mafioso Domenico Italiano shows the distinction in operation ... more

Week at the knees    July 27, 2005  
Seven days in the law

Fresh inside trading allegations raised against Vizard … The ghosts of WA Inc … Frantic time for corporate skulduggery … More ratbags join the Corby circus … John Roberts signs off on the legality of military commissions … All appeal judges in Washington are millionaires … Heavy legal costs to track down Conrad Black’s looting … Tubby Callinan’s new book After The Monsoon ... more

William Collins    July 27, 2005  
Masterplan brutalises the lingo

The Melbourne Legal Precinct Masterplan takes the English language to new and spooky places … The new President of the Court of Appeal gets a decent welcome ... more

Evan Whitton    July 25, 2005  
Reliving the glory days of tax ramps

Traditionally tax blitzes fizzle in the courts. Evan Whitton remembers the glory days when Gar Barwick, Harry Gibbs and the boys could always be relied upon to destroy the anti-avoidance provisions of the Tax Act ... more

Barry Lane    July 20, 2005  
Access to justice and loaded litigants

Barry Lane loves discipline and he wants it applied to the use of the courts. Well-heeled litigants should pay market rates for access to the judicial edifice. That might shake out some of the indulgent cases that just run and run and run. ... more

Week at the knees    July 20, 2005  
Seven days in the law

Little Johnnie apologises … Steve Vizard “deeply, deeply sorry” ... Greg James’ report on the McGee case … SA premier’s adviser said to have threatened prosecutor … Judges’ pay increases a “vexed question” ... Judges on strike in Italy … English judges anxious about poor quality on the bench ... more

William Collins    July 19, 2005  
The age of the forensic superstar

The forensic tussle in the Gatto case has spilled into the street. While Mick Gatto rests at Hamilton Island the Crown Prosecutor gives defence star Robert Richter a post-trial spray over the submissions about the gun and the lethal bullet. Our fascination with the glittering orbs of the law knows no limit ... more

Week at the knees    July 13, 2005  
Seven days in the law

DPP and ASIC drop the Vizard ball … Little Johnnie “feels” for Schapelle … Channel Seven still to produce key witness evidence … Gunns’ case looking (more) shambolic … Judges’ pay and law firm profits – both up … Judges behaving badly in the US … Karl Rove fingered as the leaker … More amazing ideas for US Chief Justice – O’Connor … more

Barry Lane    July 12, 2005  
Physician, heal thyself

A doctor pleaded guilty in Melbourne to writing prescriptions for vast quantities of pethidine and now Barry Lane is up in arms about a magistrate’s decision to usurp the authority of the Medical Practitioners’ Board ... more

Sir Terence O'Rort    July 11, 2005  
Good ship Eldon hits a silly little reef

A Supreme Court application to stop the Eldon commission on the ground of apprehended bias is just a case of ingratitude towards someone who has discounted his daily fee so significantly in order to stamp out further murders at Queensland Health ... more

Evan Whitton    July 11, 2005  
A special memory of Sir H. Talbot Gibbs

“Bill” Gibbs’ 1963-63 inquiry into the doings at the National Hotel made him a laughing stock. Worse, it condemned Queensland to another 23 years of police corruption before Gerald Fitzgerald did the job properly ... more

Sir Terence O'Rort    July 6, 2005  
Marshmallow pumps gas

Credit card trouble at the Queensland Law Society as former professional standards director chalks up a feeble $15,000 in eight months. At least Ross Turnbull would have given the card a decent trashing ... more

Judges    July 6, 2005  
It was all a Masonic plot

Lady Di Fingleton has been offered a settlement by Premier Peter Bjelke-Beattie. Here we have a big, beefy feature on the fallout from The Queen v Fingleton, plus all the interesting ancillary actions – Daphnis de Jersey v Michael McHuge, Jim Thomas v The High Court, Justice John Jerrard v Daphnis & Ors, etc, etc … more

Critics' Corner    July 6, 2005  
The Big Lie

Thursday night (July 7) is the night to stay home and watch SBS’s documentary on the McCabe case. See Peter Gordon in a tracksuit. See Jack Rush QC being feisty. See Tom Hughes QC in slow motion. And there’s Fred Gulson confirming what we all suspected about retaining documents. The evil tobacco boys cop a pasting and so does the “justice system” ... more

Week at the knees    June 30, 2005  
Seven days in the law

Swiss authorities “overactive” on Kennedy and Richo … Martin Toohey cleared of breach over Andrew Wilkie manuscript … US-AG wants minimum mandatory sentences … Lawyer leaves Baker & McKenzie over dry cleaning scandal ... more

Evan Whitton    June 28, 2005  
Morality - missing in action

Evan Whitton is offering a cash prize for the first judge to chant a formula that might relieve some of the hypocrisy demanded by the legal system. He expects to be knocked down in the rush ... more

William Collins    June 28, 2005  
A little lecture on open justice in the email age

Despite the expedition and efficiency the Victorian Court of Appeal frowns on delivery of judgments by email … There’s been plenty of distractions with the civil rape proceedings against Geoff Clark – including the Robert Richter defamation actions (settled) and Justice (Cab) Callaway’s footnote to his postscript ... more

Sir Terence O'Rort    June 27, 2005  
Lord Eldon lays down the law

Lord Eldon puts down a mutiny or two over his inquiry into “Dr Death” and fondly recalls his days as a naval cadet at TS Bundaberg (toot, toot). Sir Terence reviews the transcript ... more

Barry Lane    June 27, 2005  
Big Australians and competition

Big business sees small competitors as the tasty plat de jour. The ACCC was onto the way the Trading Post’s internet business (now part of Telstra/Sensis) misleadingly used sponsored links on Google to attack an advertising minnow. Watch-out – Sensis says it just wants to lend a “helping hand” to small business. ... more

Week at the knees    June 22, 2005  
Seven days in the law

Military justice a contradiction in terms … Rodney Adler and his kiddies’ homework … Hit and run inquiry into SA lawyer struck by confusion … Raiders of the lost tax ... more

Callinan Diaries    June 22, 2005  
The Secret Diaries of The Hon. I.D.F. Callinan AC - Part Two

More from the pen of the High Court’s poet, playright, novelist, and muse. Justice Callinan meets the radiant Janette Howard in a cellar. Plus the next slice from his forthcoming novel, The Cannelloni Conspiracy ... more

Theodora    June 16, 2005  
Meet Mr Sumptuous

Jonathan Sumption, the 2 million man, comes to town … More privilege “slippage” from Channel Seven’s enemies … Boorishness at the Victorian Grill … Plenty of illness to report … Gough’s weird tips at L’Aqua dinner … Fine work by lawyers recognised by HM … Spigs reshapes the Supreme Court in his image ... more

Week at the knees    June 14, 2005  
Seven days in the law

Charlie Abbott looking forward to a “good rest” ... James Hardie directors devoted to social responsibility … Victorian government increases spending on lawyers by 73 percent … Pistol packing Hotman Paris Hutapea says public opinion will affect Schapelle’s appeal ... more

Evan Whitton    June 14, 2005  
When a loan shark's estate got chewed by the water sharks

After 200 days of opening submissions, lawyers in the BCCI v Bank of England case made a useful start. Can we hope for the re-emergence of some decent, lengthy litigation? Maybe something approaching the 117 years it took to dispose of Jennens v Jennens ... more

Barry Lane    June 9, 2005  
Judges want the information age to STOP

Quaintly, judges hope that curiosity won’t get the better of internet savvy jurors. If trial by jury is to survive there has to be fresh thoughts about the way criminal justice is conducted ... more

Week at the knees    June 7, 2005  
Seven days in the law

Trowell & Percy’s new part in Schapelle’s case … Judge “Dozy” Dodd facing a new inquisition by the Judicial Commission … Gus Cummins’ assets transfer to be scrutinised by the High Court ... more

Sir Terence O'Rort    June 2, 2005  
At the court of Lord Eldon

The Commission of Inquiry into nearly 90 deaths at Bundaberg Hospital is a marvellous economic stimulant for Queensland’s legal caper. Lord Eldon, the youngest and most brilliant silk in the history of the law, is running the inquiry and there are thrills aplenty ... more

Week at the knees    May 31, 2005  
Seven days in the law

Amanda “Vautin” Vanstone says lawyers seeking compensation for Vivien Solon are “politically motivated” ... Victorian judge calls for inquiry into juvenile justice … Sixty two NSW police are facing 182 charges, including rape, kidnap and fraud … NSW government deal lets James Hardie directors off the hook … Kirby warns against a return to the “dark days of literalism” ... Jury not to see photos of Michael Jackson’s penis … more

Evan Whitton    May 30, 2005  
It was snoozing Judge Dodd who elicited the truth about the prisons

Lord Chancellor King, Sir Philip Yorke, Al Grassby, John Maddison, Snoozing Judge Dodd and Willie Watson aka Lord Thankerton all get a mention here. The point is that doze as he might now, 30 years ago Ian Dodd achieved more for the public weal than most barristers do in a lifetime on the drone … more

Week at the knees    May 24, 2005  
Seven days in the law

Furore over lawyers’ torture remarks … Western Australia’s CJ aborts criminal trial after misdirecting a jury … Spigelman CJ says respect for the judiciary should be taught in the schools … Supreme Court Master not asleep – just listening with his eyes closed … Fixed fee billing coming into vogue for high volume work … Sydney QC shocked to discover his daughter’s boyfriend is an alleged enforcer and drug importer … Jail sentences for being rude to Bambang … more

Hellfire Club    May 24, 2005  
A dong for dinger Bell

Conspiracy theorist who made threatening remarks about courts and judges has his application for admission to the Promised Land turned aside by the Queensland Court of Appeal. His application for admission was not full and frank. Sir Terence O’Rort has the sorry tale ... more

Callinan Diaries    May 20, 2005  
The Secret Diaries of The Hon. I.D.F. Callinan AC

While attention has been drawn to the purchase of the Mark Latham Diaries by MUP we are pleased to announce that Justinian has gone one better. We have acquired the exclusive rights to the serialisation of The Secret Diaries of The Hon. I.D.F. Callinan AC. QC. The High Court judge, playright and novellist records the day-by-day, behind-the-scenes dramas at the court as well as letting us take a peek at the first draft of his new novel, The Cannelloni Conspiracy. ... more

Week at the knees    May 17, 2005  
Seven days in the law

Mick Keelty’s unseemly Shapelle outburst … Baggage handler tells the Crime Commission where to get off … Police Integrity Commission seeks to be a “universal busybody” ... “Dunny” Jones defames Clive Small … “Gentle” Geoff Clark succeeds with civil rape appeals … Rodney Adler suffers decreased libido … Attacks on Abu Ghraib prisoners just part of the relationship ... more

Evan Whitton    May 16, 2005  
The common law's unjust tricks with double jeopardy

Common lawyers contorted the double jeopardy principle of 1164 to mean that: you shouldn’t be punished twice, therefore you shouldn’t be punished once. Now look at the vexatious abuse of justice in Queensland’s Carroll case ... more

William Collins    May 15, 2005  
Clash of the regulatory titans

Professional standards people at the LIV appealing the Supreme Court decision which allows the Legal Ombudsman to press ahead with an investigation into their management of trust accounts in receivership. Costs are now the gritty issue in this exhausting struggle … The miscarriage of justice in the Daryl Beamish case was identified 40 years ago by the professor of jurisprudence at Melbourne law school … more

Court in the Act    May 13, 2005  
Was Hunt's demolition of Dowd unfair?

David Hunt, doing a stint on the NSW appeal court, tore strips off poor John Dowd for being a bit slow and muddled in a recent judgment. But really and truly, was the delay so “inordinate” as to constitute “operative” delay and a retrial? ... more

Week at the knees    May 2, 2005  
Seven days in the law

Roddy Meagher can’t see what’s wrong with a gentle snooze on the bench … Retired judges wheeled out to oppose beefing-up the NSW Judicial Commission … Barrister expelled from the Liberal Party for opposing Turnbull … Indonesian judge says Schapelle Corby’s pleas are “not enough” ... more

Judges    May 2, 2005  
Justice Michael Kirby has emergency heart operation

News flash. Justice Michael Kirby has emergency heart by-pass surgery at Royal Prince Alfred. He’s ordered to take it quietly but is still working from his bed. Health anxiety enlivens vacancy speculation … more

Evan Whitton    May 2, 2005  
A moving encomium for an old viper

Sir Joh Bjelke-Petersen debauched every institution of state, including the judiciary. He adopted Sir Robin Askin’s philosophy: “We’re in the tart shop now, boys.” ... more

Bar Talk    April 27, 2005  
Diary of a complaint

The NSW Bar n’ Grill’s botched complaint against Marcus “The Mensch” Einfeld. The human saint was saved in the nick of time ... more

Sir Terence O'Rort    April 27, 2005  
Toasting Marshmallow

Former directior of professional conduct at the Queensland Law Society fails in stay application. Charges relating to misuse of a QLS credit card to be tried in July … more

Week at the knees    April 26, 2005  
Seven days in the law

WA silks’ offer of help to Schappelle spurned … The media egged on over-excited supermarket shelf stacker … Miraculous escape for hit and run lawyer … Colin Lovitt QC explains his risky “rape” remark … Pitcairn men at a disadvantrage on the law of incest and child rape … London barrister tops the chart with 800,000 in legal aid payments … US Army clears Sanchez of Abu Ghraid abuses … more

Court in the Act    April 21, 2005  
"Appalled, ashamed and utterly bewildered ..."

Barristers shouldn’t be too precious about appearing before judges who have ticked them off in earlier cases. Apprehended bias is simply not an issue because judges possess fabulously impartial minds ... more

Court in the Act    April 20, 2005  
A long way from high noon

The massive litigation unleased by Taswegian logger n’ chipper, Gunns Ltd, is going to chew up more time and resources than it is likely the directors contemplated. It will be about a year before the case is actually ready for trial. Then it will rumble on for who knows how long. ... more

Evan Whitton    April 19, 2005  
Our justice system is ill equipped to handle the "war on terror"

The Lord Warden of the Cinque Ports and his spiritual heir, Jackie the Lackey, have menaced us with an endless series of terrifying threats. But if the “war on terror” is not just another hobgoblin, then the best way to fight it is the French way ... more

Week at the knees    April 18, 2005  
Seven days in the law

The usual suspects mentioned in High Court appointment stakes … Fabulous Phil Ruddock wants a “national conveyancing system” ... Dibbs Barker Gosling fingered for witness coaching … PI premiums leap upwards … Don Dunstan’s lover wants the dead Premier’s pension … British legislation gives government greater sway over Commissions of Inquiry … ... more

Barry Lane    April 11, 2005  
Choose your poison

Little Johnnie Howard’s regime embraces free choice as a central tenet of its “philosophy”. The proposed independent contractors legislation is meant to be another plank in that doctrine. However, a recent Victorian case shows that the choice for workers may be more illusory than real … more

Week at the knees    April 11, 2005  
Seven days in the law

John Dowd birched horribly for being moderately slow with judgment … NSW Law Society says naughty MPs should be flogged publicly “like lawyers” ... Hefty sentencing discounts proposed for Local Court guilty pleas … Hunt & Hunt wants four insurance partners to stay longer … Ernst & Young being sued for 3.7 billion in UK … Brooklyn judge grabs and yells at lawyer … Washington lawyer suspended for having sex with client in jail … more

Theodora    April 8, 2005  
Attorney General turns bazookas on Rupert's rags

Attorney General Debus goes to the Press Council with an enormous complaint against The Australian and its coverage of the judiciary … Allens’ chief turns PR triumph into poo … My hot tip for President of the Victorian Court of Appeal … Damage to Stephen Archer’s reputation should be weighed by jury … Newspaper war over scarce law firm advertising dollars … Everyone’s complaining about Margaret Cunneen … more

Week at the knees    April 5, 2005  
Seven days in the law

Adler says there’s no “mechanism” to say sorry … Smiler complains about media analysis of the courts … Evidence the tide has turned on “tort reform” ... Acting Supreme Court judge appointed in Van Diemen’s Land … BAT fined for “egregious lack of candour” over document “retention” memorandum ... more

Evan Whitton    April 4, 2005  
The missing question in the matter of immunity

Some great thinkers say the law is now a business. So why are advocates still given such invaluable goodies as immunity from suit? ... more

Judges    April 1, 2005  
Much Ado About Nothing

The annual Australian Press Council address this year was delivered by your editor. It critiques some conventional wisdoms about judicial independence and endeavours to explore the vexed relationships between judges and journalists. The True State of the Judicature … more

Barry Lane    April 1, 2005  
Corporatising our courts

John D. Phillips made a few extravagant claims about threats to judicial independence in his farewell from the Victorian Court of Appeal. While John D and other judges bang on about judicial independence, the fact is that the State courts are far from “co-equal” with Parliament … more

Judges    March 31, 2005  
The short goodbye

David Levine, who used to run the very busy NSW Supreme Court defamation list, has retired from the bench. The leading lights of the defamation caper turned out to send him off … more

Week at the knees    March 29, 2005  
Seven days in the law

Conferenceville loosens judges’ tongues … Rodney Adler’s interesting sentencing submissions … Clayton Utz knew what judges were having for breakfast … “Fabulous” Phil still threatening his own defamation law … State Bar Association Presidents in strife in the US of A … Lord Chancellor setting up an independent Office for Legal Complaints … more

William Collins    March 24, 2005  
Lawyers as litigants

Inevitably there’s amusement to be had when lawyers are the subject of too much attention – such as being chased by disaffected clients, getting their munificent legal aid funding cut off, or having the stipes throw the book at their beastly language ... more

Critics' Corner    March 23, 2005  
"I was asked to smile so I did," said Lynndie England

Big Storm: The Lynndie England Story
A one-hour Cutting Edge documentary to be screened on SBS, Tuesday April 5, 8.30pm
Directed by Twan Huys (In English)
Reviewed by I. Box ... more

Evan Whitton    March 22, 2005  
The "Christie" claptrap and its bastard offspring

The rise and rise of the inscrutable discretions used by trial judges to conceal evidence … more

Week at the knees    March 21, 2005  
Week at the knees

Uncle Ray Williams shouldn’t get a prison term because he’s serving “a life sentence of shame” ... Mick Keelty’s helpful contribution to the Schapelle Corby case … $600 million of taxpayers’ money to “fix” the doctors’ insurance premium crisis … Old brothel on top of Selborne Chambers … More corporate claptrap from Meredith Hellicar … Antonin Scalia says he’s a prisoner of the “original” Constitution … Barrister stabbed in the bottom by his prosecutor girlfriend … more

Barry Lane    March 18, 2005  
The "serious injury" wars - Part Two

Barry Lane once more is in the trenches mining more nuggets from the Victorian Court of Appeal thinking on appeals from County Court decisions in serious injury cases. At last, there’s clarity – we think … more

Hellfire Club    March 17, 2005  
Nose-thumbing "attorney" gets suspended sentence

He’d practised in Melbourne for 13 years without being an “attorney”. Justice Bill “Silver Tray” Gillard found Sylvester Finbarr Nagle in “contumacious defiance of a court order” and then gave him a suspended sentence. Meanwhile, Buffalo Bruce reports from the Top End on a squabble between the local Law Society and the Legal Practitioner’s Complaints Committee. ... more

Week at the knees    March 15, 2005  
Week at the Knees

High Court hands a stunning victory to negligent trial lawyers … Margaret Cunneen’s comments could erode “public confidence in the criminal justice system” ... Lawyers center stage in Ascham drama … Trevor Kennedy loses another round against ASIC … ASIC loses another round against Jodee Rich … Judges in strife, again, in the US … more

Simon Schadenfreude    March 14, 2005  
Cranking up the law n' order auction

An election looms for South Australia and already the Attorney General and the kings of talkback are excited about stiffer penalties and fresh offences. ... more

Bar Talk    March 10, 2005  
The advocates' immunity should last forever and ever. Amen

Ryan D’Orta-Ekenaike v Victoria Legal Aid. Thank God some things remain sacred. The wonderfully dotty High Court, by a 6-1 majority, has clung to the “finality principle” as a way of breathing fresh life into advocates’ immunity from suit. It may have had an undignified death in New Zealand on Tuesday and in England four years ago, but we’re having none of that revisionism in the wide, brown land. Hallelujah! ... more

William Collins    March 9, 2005  
The bar protests too much - given the history of acting judges

If it was good enough for Sir O. Dixon what’s so wrong with having acting judges these days? There used to be plenty of them in Victoria and the world didn’t collapse … more

Week at the knees    March 8, 2005  
Week at the Knees

Hormones backs off contempt charge against Dunny after apology … Justice Stone’s school council should resign, says Laurence Street … Victims of Hannon consider class action … Habid sues Australian and Telegraph … ABA upholds four of Alston’s complaints against the ABC … Kennedy loses another round against ASIC. ... more

Judges    March 8, 2005  
Just checking, not complaining

Uproar about Sheehan columns in The Sydney Morning Herald. Justinian unearths Judicial Conference letter to Press Council. “We’re not really complaining – just checking whether we can complain.” Since then, of course, the hacks at the Murdoch stable have been even busier undermining “a vital public institution”. ... more

Evan Whitton    March 8, 2005  
The hanky-panky rule

What to do about relevant and reliable evidence thought to have been improperly procured by the wallopers? Revisitation of the hanky-panky rule. ... more

Court in the Act    March 7, 2005  
No explanation from Allens "top analytical mind" in wonky privilege claim

Federal Court cross about Dirty Digger’s “substantially excessive” claim of privilege for documents in big Channel Seven trade practices case. Allens’ “top analytical mind” nowhere to be heard. ... more

Week at the knees    March 3, 2005  

test … more

Court in the Act    March 2, 2005  
Bent copper's case dead in the water

“Sir” Terence Lewis’ attack on his old legal team tossed out. Bent Queensland police chief loses action against his solicitors. ... more

Court in the Act    March 2, 2005  
Who said there's no $ in legal aid?

Please explain! Melbourne solicitors excluded from legal aid panel have to be given reasons for such awful rejection. Who said there’s no money in legal aid? ... more

Week at the knees    March 1, 2005  
Week at the knees

Michael Kirby on too much tort reform and the beauty of dissent … Victoria’s CJ and AG in fierce tussel over acting judges … Family Court litigants trapped in “Hannonworld” ... Boston Herald ordered to pay millions for defaming a judge … Home Secretary to detain terrorist suspects without trial … Lord Chancellor wants judicial candidates to apply in writing. ... more

Sir Terence O'Rort    February 23, 2005  
Vexed Queenslanders

Heat can do dreadful things to the brain as an exploration of the Queensland Supreme Court vexatious litigants list reveals. ... more

Week at the knees    February 22, 2005  
Week at the Knees

Rodney Adler holds poppet daughter back from sentencing hearing … “Old queen” wins order for apology … Dirty Digger editor wimps court appearance over prejudicial article … No fault compo for catastrophic cases “adds insult to injury” ... Victorian judges to be investigated by “independent” panel of peers … Pat O’Shane keeping sane. ... more

Evan Whitton    February 21, 2005  
Freedom Rider Spigelman should blaze a trail with juries

Former Freedom Rider J.J. Spigelman should take a bolder step and have jurors on the bench with the judges. ... more

William Collins    February 21, 2005  
A Flurry of Appointments

A chance meeting in the Dolomites by a couple of presumptive Melbourne judges produced some baroque intercourse. ... more

Week at the knees    February 15, 2005  
Week at the Knees

At least 66 judges late with their tax returns … Barrister who’s still in debt to the ATO wants his ticket back … Former WD & HO Wills lawyer swears Clutz deliberately shredded nasty tobacco documents … High Court squares up the duty of care ledger … Hicks sacks Kenny … Lawyer jokes do not amount to disorderly conduct. ... more

Judges    February 12, 2005  
Rally man roars into Darwin

The Northern Territory’s Martin government comes up with Brian Martin to replace Brian Martin CJ … while the Boring Bracks regime fumbles the CJ replacement in Yarratown … more

Barry Lane    February 12, 2005  
Victoria's "serious injury" wars

Barry Lane gets all serious about the “serious injury” wars in Victoria. ... more

Sir Terence O'Rort    February 11, 2005  
The tireless buffing of the Baker Johnson "brand"

Sir Terence O’Rort ushers us inside the steamy world of an extraordinary Queensland law shop. ... more

Simon Schadenfreude    February 11, 2005  
We're moments away from a new DPP - promise

The months slip by and still there is no announcement of a DPP for South Australia. This week there was an announcement foreshadowing the real announcement. How exciting is that? ... more

Evan Whitton    February 7, 2005  
Joe Cinque's death, diminished responsibility and the moral compass

Anu Singh, the lady who killed Joe Cinque, is likely to have a glittering career in the law. ... more

Week at the knees    February 7, 2005  
Week at the Knees

New judge warned about “scurrilous media attacks” ... Big law shops opt out of PI capping scheme … Lady Di has a “turn” at the High Court … “Beetroot” back in court chasing more money … Judges in US in trouble for drunk driving, masturbating and lying … And in Greece for taking bribes … No apology to Cornelia Rau on “legal grounds” ... more

Theodora    February 3, 2005  

Stephen Archer wants Judge Judy off his case … Gilbert + Tobin’s clerkship stuff-up … Burnside on naughty words … Indignity at Supreme Court screening … O’Rort’s tips for judicial jobs … Ron Hicks bobs up again in the Digger’s tissue … more

Court in the Act    January 31, 2005  
Court productivity - take your pick

Court administrators have been on the edge of their seats waiting for the latest brickbats from the Productivity Commission. Yet few can make sense of the findings, least of all the newspapers. ... more

Evan Whitton    January 26, 2005  
Treatise on torture

The old regime of Continental torture enabled the British “justice” system to cultivate an air of effortless superiority. Now Bush’s quaint legal adviser “Judge” Alberto Gonzales, who sanctioned modern American torture, is to be rewarded with the job of first law officer. ... more

Critics' Corner    January 26, 2005  
The Staircase

The Staircase is an eight-part documentary that goes behind the scenes at a murder trial in the US. Gripping television on SBS, reviewed by I. Box. ... more

Sir Terence O'Rort    January 26, 2005  
Queensland magistrates getting plenty of refreshment

Life has never been brighter since “Lady Di” Fingleton departed. Queensland’s Chief Magistrate, Marshall Irwin, has presided over a load of laughs and plenty of refreshments. ... more

Sir Terence O'Rort    January 11, 2005  
No shortage of spin in the sub-tropics

We kick-off the New Year with comprehensive analysis of Daphnis de Jersey’s credentials for selection to replace McHuge J on the High Court. ... more

Evan Whitton    January 11, 2005  
A fitting end for Justice McHuge's lap of honour

How criminal defence lawyers got their laughing gear around the Moet. ... more