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Justinian Archive Articles from 2007
Read Articles from Year > 2010 > 2009 > 2008 > 2007 > 2006 > 2005 > 2004 > 2003
Hellfire Club    December 31, 2007  
Speedy exit

Young Melbourne barrister struck off the roll a year after signing it … failure to come clean over essay collaboration with fellow student ... more

Judges    December 31, 2007  
Rough justice from Front-End Loader

The NT Supreme Court delivers snappy rebuke to Magistrate Loadman after he unloaded on a couple of unfortunate Mindil stall-holders ... more

Tulkinghorn    December 19, 2007  
Lawyers as pirates

Overcharging is the most common form of lawyer fraud … yet the system protects the racket. To actually get into jail a lawyer has to be caught faking a costs agreement – like Leon Nikolaidis ... more

Barry Lane    December 19, 2007  
Lawyers' fees: when a premium is really a discount

Law firm fee agreement said the “normal” rate of remuneration is $400 an hour for “successful” work. Otherwise it’s $66 an hour. VicAppeals finds this does not amount to an excessive uplift ... more

City Desk    December 18, 2007  
Watching Brief

Watching Brief: Reflections on Human Rights, Law and Justice is Julian Burnside’s new book. It was launched in Melbourne on the weekend where the author thanked three people for bringing about his involvement in fighting for the rights of refugees: his wife Kate Durham, barrister John Manetta and an 11-year-old Iranian girl ... more

Roger Fitch Esq    December 17, 2007  
Our Man in Washington

US produces its first witness ever in an “enemy combatant” trial … Meanwhile, in other security cases the CIA tampers with the evidence and misleads the judge … At least Meryl Streep is convincing as a CIA operative in Rendition ... more

Leverhulme    December 17, 2007  
London Calling

After eight weeks of evidence Irish jockey Kieran Fallon is cleared of race fixing in Britain. Michael Hodgman QC from Tasmania could have called the finish much sooner ... more

Theodora    December 13, 2007  
Goings on ...

Spigelman stars in crime thriller … Mrs Spigelman draws literary inspiration from the eastern bloc … “Role model” judicial appointments in NSW … Dust-up for the judges’ Lubyanka in Queens Square … Justinian’s Tubby Callinan on the lecture circuit … The prosecutor as passionate photographer ... more

Judges    December 13, 2007  
A good prosecution case

After a few last desperate legal throes the National Living Treasure Marcus Einfeld is committed to stand trial for perjury and other falsities. The Greek toenail clipper Angela Liati also to be tried over a botched alibi ... more

Judges    December 12, 2007  
The Mensch has no case to answer: Barker

Committal hearing – day two. Marcus Einfeld’s barrister fails to cross-examine key prosecution witness about the former judge’s mobile phone calls on the fateful day his car was caught on camera speeding in Mosman. According to the defence the police timing of the car’s movements is all wrong ... more

Sir Terence O'Rort    December 12, 2007  
Daphnis' Rules, OK!

Queensland’s new costs rules. The assessors should not be hampered by skill or rules. Daphnis de Jersey declares this a “win for consumers” ... more

Judges    December 11, 2007  
Heavy traffic at The Mensch's committal

The ex-judge, his “close friend”, his alibi and his speeding car all collide at the Drowning Centre. Our reporter Ginger Snatch is court-side ... more

City Desk    December 10, 2007  
I agree with the man in charge

Following a series of radical reforms to their legal system the Japanese now face a crisis of confidence as they are asked to become jurors as part of an overhaul of the country’s creaking criminal justice regime ... more

Barry Lane    December 9, 2007  
The very model of a modern major litigant

Victoria’s Transport Accident Commission is supposed to be a model litigant – but Barry Lane wonders what sort of “model” it is following ... more

Roger Fitch Esq    December 7, 2007  
Our Man in Washington

“Legal” developments at Guantanamo Bay … The Supreme Court messes with the Military Commissions … Bush’s policy of “what you don’t know can’t hurt us” starts to unravel … The administration’s efforts at subverting the Geneva Conventions brings on a rambling legal mess ... more

City Desk    December 5, 2007  
Barricades breached

NSW Law Society fails in bid to keep the great unwashed from appearing for clients in the Administrative Decisions Tribunal. Where will the rot stop? ... more

Polly Peck    December 4, 2007  
Capital Offences

Wave goodbye to the dark side as Fabulous Phil Ruddock paddles off down the River Styx in his barbed-wire canoe … Greetings to Attorney General Robert McClelland, who brings a congenial change of tone. Of course, great expectations invariably are dashed ... more

Leverhulme    December 3, 2007  
London Calling

Leverhulme laments the passing of Lord Bridge of Harwich, who got the Birmingham Six case wrong but Spycatcher right … Another possible miscarriage of justice as Court of Appeal orders a retrial in the Jill Dando murder case ... more

Roger Fitch Esq    December 2, 2007  
Our Man in Washington

The Federalist Society helps recruit record numbers of loyal but idiotic lawyers to join the Bush Administration … Michael Mukasey oversees mopping-up operations at the DoJ since taking over as Attorney General ... more

City Desk    November 29, 2007  

“Balmain” Bob Debus to be the new Home Affairs minister while Robert McClelland is appointed Attorney General … Plus, it’s been a busy time for Victorian silk worms as 13 new gowns are spun ... more

Court in the Act    November 28, 2007  
Justice Adams' "whim"

Swivel-eyed pundit Gerard Henderson says Justice Michael Adams’ finding of dishonesty against an ASIO officer was based on a “whim”. Could this be so? ... more

Polly Peck    November 27, 2007  
Capital Offences

The election outcome might mark an end to mean-spirited, small minded government … The “awesome” Malcolm Turnbull … Work ahead for 07’s new Attorney General … Thank God Ruddock’s gone ... more

Tulkinghorn    November 26, 2007  
It's entirely a matter for you

NSW missed an important opportunity to implement a “sophisticated mechanism” that would have allowed the blame for poor sentencing decisions to shift from judges to jurors. Also, the plan might have encouraged a few more badly needed Peter Cook-style judicial summings-up ... more

Polly Peck    November 21, 2007  
Capital Offences

Madness grips the campaign for Wentworth. Maybe it’s because too many lawyers are involved ... more

Bar Talk    November 18, 2007  
Advocates immunity gets churned in the butter factory

The advocates’ immunity is supposed to achieve finality in the “quelling” of disputes. But quite possibly advocates are still liable for negligence when the dispute remains unquelled. One interesting case shows the possibility ... more

Leverhulme    November 18, 2007  
London Calling

Discrimination actions are booming in Old Blighty. Lots of wrongs need to be righted – such as the headscarf wearing Muslim denied work at a punk hair salon … the bullying Indian at the Crown Prosecution Service … the aroused Scottish bicyclist … and the sexually harassed lesbian lance bombardier ... more

Barry Lane    November 13, 2007  
Call the doctor, again

Medical Panels in Victoria are supposed to assist in achieving a cheaper and less legalistic workers comp regime. However, increasingly the “finality” of their findings is being impugned. Barry Lane is on the case ... more

Sir Terence O'Rort    November 9, 2007  
MacGillivray v QLS

Senior Brisneyland solicitor Lex MacGillivray wants the Queensland Law Society to better explain some mysteries in its latest accounts. But, it’s a bit like drawing teeth from a frozen cadaver ... more

Roger Fitch Esq    November 8, 2007  
Our Man in Washington

Prosecutions for funding terror flop … Prospective Attorney General soft on waterboarding, while the CIA thinks it’s terrific … Meanwhile, Rummy flees Paris after being served with torture charges … Bush joins the Jacobin Club – “No liberty for the enemies of liberty” ... more

City Desk    November 7, 2007  
Solicitors caught in Karl Suleman litigation tangle

Litigation spawned by collapse of shopping trolley fraudster Karl Suleman finds solicitors tripped in negligence suit. Justice Paul Brereton makes some fine distinctions ... more

City Desk    November 6, 2007  
Ruddock v Ludwig

Here’s Justinian’s entry into the challenging world of video streaming. After intensive tutoring from Pier Paolo Pasolini we took our camera to the “great debate” between (Fabulous) Phil Ruddock and the shadow AG Senator Joe Ludwig. Senator Joe commenced proceedings by flailing Phil’s shortcomings as a human being and a minister. For his part Phil outlined his plans for the “harmonisation” of our laws. Watch and be amazed at the majestic sweep of our camera work ... more

Tulkinghorn    November 5, 2007  
Professional privilege - the handmaiden of "paltering"

What is the most convincing rationale for “legal professional privilege”? It’s difficult to locate, and the Australian Law Reform Commission hasn’t helped. It’s somewhere between the needle in a haystack and the elephant in the room ... more

Leverhulme    November 5, 2007  
London Calling

Parliamentary snouts in trough … Shocking moments with litigants in person … Auditor General chalks-up astonishing food and travel bill … Victorious out of touch solicitor wins glory ... more

Bar Talk    November 1, 2007  
CJ sinks Vic silk selection reform

Reform of the Victorian silk appointments system scuttled for now. Special general meeting cancelled as the bar puts the word out that Marilyn Warren CJ would withdraw from the silk selection process ... more

Theodora    October 31, 2007  
Goings on ...

Advertising for judges versus the dignity of the bench … Magistrates’ “status” on the up-and-up … Federal Court’s Melbourne marketing blitz … Privilege tussle over Sydney bar’s Stephen Archer documents … Grief sweeps VicBar over Faris’ resignation ... more

Roger Fitch Esq    October 25, 2007  
Our Man in Washington

Blackwater fallout … Guantanamo “trials” – the Pentagon says “the dog ate my homework” ... Prosecutor Moe Davis turns whistleblower … Baby law clerks decide which cases the Supreme Court should hear ... more

Leverhulme    October 24, 2007  
London Calling

Health & Safety takes the sparkle out of Christmas … Textbook assassination by Indiana Sneed … David Muffett’s law n’ order regime … Lawyer charged with theft of the Duke of Buccleuch’s da Vinci … Fingers pointed at legal profession as PI claims and fees leap ... more

Polly Peck    October 23, 2007  
Capital Offences

A breathtaking 35 legal appointments were announced by Fabulous Phil Ruddock in the weeks before the election was called … ACT judiciary depleted by death of Terry Connolly and retirement of Ken Crispin ... more

Hellfire Club    October 22, 2007  
A slight case of "tendency"

The NSW Administrative Decisions Tribunal slots a Sydney barrister for negotiating a settlement that involved dropping a professional misconduct complaint against a slow paying solicitor ... more

Tulkinghorn    October 22, 2007  
Running out of oysters

Smiler Gleeson’s speech about the “blot” on the common law system amounted to a ton of sympathy, but not an ounce of practical help. In truth, judges quite like litigation to be expensive, as long as they don’t run out of oysters ... more

Court in the Act    October 21, 2007  
Wings fall off Commonwealth's slow docs case

It has taken more time than it took to fight the First World War and still the Commonwealth failed to produce the documents it was ordered to discover. Crispin J strikes out the defence in a long-running and hugely expensive RAAF dismissal case ... more

Around The Firms    October 17, 2007  
Clutz's new document retention policy

Document retention and cost containment receive special treatment in Clayton Utz partners’ chin-wag on how to survive litigation … Then there’s the exciting new province of managing “reputational risk” ... News from Clayton World ... more

Judges    October 12, 2007  
Goings on ...

Local lawyers “distain” acting Fiji CJ, who is now a litigant in his own court … Judge Greg Woods enters the fray on pokies and vice dens … According to Spiggsy CJ, it was Adam, Eve and the Snake who sowed the seeds of sentencing controversy ... more

Roger Fitch Esq    October 10, 2007  
Our Man in Washington

The right of habeas corpus for “enemy combatants” set to be heard this term by the Supreme Court … FoI and PATRIOT Act losses for Bush in District Courts … Day of reckoning looms for Blackwater and other mercenaries … Moe Davis quits in disgust as Guantanamo chief prosecutor … Magna Carta for sale ... more

City Desk    October 9, 2007  
DFAT sacking "harsh, unjust and unreasonable"

After a nasty, four year witch-hunt driven by the DFAT and its minister over leaks, the diplomat Trent Smith will be reinstated in his job. Smith’s crime was that he was believed to be too close to Kevin Rudd. The departmental findings against Smith have been utterly discredited by the Industrial Relations Commission ... more

Groper    October 9, 2007  
Postings from Perth

The boy editor of The Worst must be disappointed he was not found guilty of contempt – while the Rooster would be absolutely livid … Alan Camp’s appeal from unprofessional conduct findings strike drafting dramas … A sporty new judge for the Federal Court ... more

Leverhulme    October 9, 2007  
London Calling

Nabarro wants to speak to its clients with clarity – it’s the law that should stay murky … Solicitors outraged by accusations of raucousness and rudeness … First barrister in 800 years to go to jail … The Poms love to queue, even if their money is safe in the bank ... more

Bar Talk    October 4, 2007  
Margaret Cunneen makes the silk cut

NSW Bar n’ Grill’s successful candidates for silk in 2007. Twenty-three made the cut or 19.3 percent of the total who applied. Two were women, an incredible 1.7 percent of the applicants. And Margaret Cunneen finally makes it, along with ... more

Tulkinghorn    October 2, 2007  
Guilty first ... trial later

Thankfully the “sentence indication” proposals from Victoria will generate lots of extra legal work. Yet, there are pitfalls aplenty and more than a touch of the Alice in Wonderlands in the sentencing council report ... more

Barry Lane    October 1, 2007  
To be, or not to be, a company director

Little Johnnie’s workplace laws bring out fabulously creative solutions by bosses to screw the unions – such as making employees company “directors”. Who said we’re not a clever little country? The trouble with these scams, as the AIRC discovered, is that the employers have to pay more attention to the details ... more

Around The Firms    September 30, 2007  
Clutz appeals $5 million Darwin damages award

A big damages award award against Clayton Utz for rotten advice in a Northern Territory property transaction is the latest in a serious of troubles for the brassy law shop ... more

City Desk    September 24, 2007  
Justinian in London

John Mortimer QC – gourmand, rake and womaniser … The rise of privacy – the decline of libel … £200,000 cases have turned into £1 million cases as conditional fee agreements ravage civil litigation ... more

Roger Fitch Esq    September 22, 2007  
Our Man in Washington

“Waterboarding” to be abandoned by the CIA as an “interrogation technique”, but the “case of the planted pants” shows abuse against pro bono Guantanamo lawyers continues uninterrupted … And there are reservations about Michael Mukasey, the nominee to replace Fredo ... more

Leverhulme    September 22, 2007  
London Calling

Special laws designed to kill the agenda of any meeting … Judicial appointments in gridlock as the required qualities for the bench prove elusive ... more

Tulkinghorn    September 20, 2007  
Fruit on the sideboard

Sometimes the dragon in the Oriental rug can only be seen after staring at it for some time. It’s the same with the vast maze of the justice system. Take lawyers’ “fruits of the action” liens, for instance. Do they amount to blackmail, racketeering or lawyering? ... more

On the Couch    September 19, 2007  
James Hathaway

Professor James Hathaway is the newly appointed dean of law at Melbourne University. Our ruthless questions reveal that he’s an obsessive neatnick who fancies himself as a banana ... more

Leverhulme    September 14, 2007  
London Calling

The “OPEC” conference brings to mind how former PM Joe Lyons handled international gab-fests … Lawyer TV ads are sending accident claims sky-high … Barrister who pulled out his “white rose” at a wedding and assaulted the guests found not guilty … England ponging of cigarettes, stale beer and body odour ... more

Polly Peck    September 13, 2007  
Capital Offences

Phil (Action Man) Ruddock is everywhere – pumping out a million announcements, plotting with Bunter about Little Johnnie’s leadership and rattling off endless statistics about all his good works ... more

Bar Talk    September 12, 2007  
NSW silk applicants

The annual ritual is underway. Bright-eyed hopefuls have their hands up, along with a clutch of tired old paws waving apprehensively for attention. The number of female applicants for silk has dropped ... more

Judges    September 11, 2007  
Fair trial proceeds while judge sleeps

NSW Court of Appeal upholds the fundamental right of judges to get in some important sleep time while trying cases. It was perfectly fine for Judge Ian Dodd “to knit up the ravelled sleave of care” while on the bench ... more

Barry Lane    September 10, 2007  
Contumelious undertakings

Mark Morgan, “over-exuberant human rights defender”, is in deeper merde than a Werribee duck, while the coppers who bashed his client go “quack-quack” ... more

Court in the Act    September 7, 2007  
High Court stops the fun

The High Court knocked back Nicholas Whitlam’s special leave application to get the NRMA to pay for his defamation case against Channel 9. He’s settled with Nine – but was his case over an interview broadcast in 2001 all that strong? ... more

On the Couch    September 7, 2007  
Chester Porter

After a “walking-on-water” sort of career Chester Porter QC retired from the NSW bar in 2000. He’d been advocating for 52 years. Since then he’s written two books; an autobiography, and an exploration of the criminal justice system and how the law can get it wrong. Now he’s On the Couch, where he reveals he prefers the Dali Lama to Peter Costello ... more

Roger Fitch Esq    September 4, 2007  
Our Man in Washington

Gonzo goes, yet the possibility of another awful AG remains … Jose Padilla must have known he was in trouble when the jury showed up to his “terrorism” trial in colour-co-ordinated red, white and blue outfits … And the Bushwahs keep coming ... more

Tulkinghorn    September 4, 2007  
The shiftiness of costs shifting

There is plenty of judicial hand-wringing about costs shifting and hectares of rules to try and manage this burgeoning industry. It’s all got out of hand since the Statute of Gloucester was misconstrued and once again it’s Tulkinghorn who has the solution – carrots for lawyers, not sticks ... more

Court in the Act    August 30, 2007  
More Catch 22s than a Joseph Heller novel

“Iniquity drips off the pages.” The move to get the Court of Appeal’s findings in the Rolah McCabe case set aside grinds painfully on. So too does the inquiry into the Clayton Utz documents that allegedly revealed an “iniquity” by the tobacco boys in the conduct of the appeal. From the AG to the DPP and now the Crime Commission ... more

Theodora    August 30, 2007  
Goings on ...

NSW Law Society rushes for legal advice as president departs … Dick Conti upstages Cole v Whitfield ... QLS unveils its Bond girl, new accounting “transparency” and a gruelling Paris conference … Stephen Archer sighted at lunch ... more

Callinan Diaries    August 29, 2007  
The Secret Diaries of The Hon. I.D.F. Callinan AC

Ian Callinan unwraps his presents at the farewell dinner thrown in his honour by Janette Howard. In this special, exclusive edition of his secret diaries© he unpacks the menu, the guests and his jurisprudential philosophy. Plus, we’re privy to the latest chapter in his upcoming thriller, The Cannelloni Conspiracy – A Recipe for Murder ... more

On the Couch    August 28, 2007  
Roddy Meagher

He’s not too old to heave himself onto Justinian’s couch from where he issues his thoughts on Julia Gillard, Michael Kirby and the Queen’s religion ... more

Leverhulme    August 28, 2007  
London Calling

Respect for killers … Enterprise Starfish … Alastair Campbell – the diaries of a media tart … Aussie lawyers are highly regarded in London – they work hard and don’t apply for partnership ... more

Barry Lane    August 28, 2007  
A "surge" in the serious injury wars

Barry Lane provides some serious reading about serious injury cases in Victoria. A new front has opened up with the High Court entering the accident compo battleground. No doubt all the smoke will soon be cleared ... more

Judges    August 23, 2007  
Tales of the South Pacific

The Pommy ex-pat judge who opened his trap too wide at a diplomatic cocktail party and sank the guilty verdict he was so determined to hand out to an alleged mutineer. “There was certainly the appearance of a possibility of an absence of an impartial mind on the part of the judge.” ... more

On the Couch    August 21, 2007  
Geoffrey Eames

Geoffrey Eames has just retired as a judge of the Victorian Court of Appeal. He’s long been in Justinian’s hall of fame, which is a happy fit because he too likes to get his daily instructions from Janet Albrechtsen. He’s On the Couch with some firm views about AC/DC, galahs and reconciliation ... more

City Desk    August 21, 2007  
Will the Qantas board please explain

Geoff Dixon, the chief of the flying kangaroo, has announced he’ll hand in his pilot’s goggles in 2009 when his current contract expires. Maybe his board colleagues should consider following him ... more

Tulkinghorn    August 20, 2007  
NSW DPP claims privilege on Jeff Shaw report

The Police Integrity Commission report on Jeff Shaw’s disappearing blood sample was a model of clarity. The DPP’s report and reasons not to prosecute are a model of invisibility. No reasons, no accountability ... more

Sir Terence O'Rort    August 17, 2007  
Taxation of costs - northern style

Queensland is to keep all costs assessments secret and privileged. Daphnis overturns the High Court ... more

On the Couch    August 16, 2007  
Elenore Eriksson

Don’t shoot the messenger. Elenore Eriksson has spent much of her life as a Canberra insider working on myriad messages. She has strategised with pollies on the “Hill” and run government relations for the finance industry. These days she is the media’s first point of call for the Law Council of Australia – the buffer between the nation’s lawyers and the rest of the world ... more

Roger Fitch Esq    August 15, 2007  
Our Man in Washington

The title alone suggests that the Protect America Act is pretty unsavoury … Another round in the NSA spying suits … Latest torture notes … More motions and whistleblowing from Guantanamo … A new job for the lovely Deputy US Ambassador for War Crimes ... more

Leverhulme    August 15, 2007  
London Calling

Leverhulme, our new London diarist, makes a splendid splash with his first Justinian column. He reports on being stranded on a desert island with a DLA Piper partner … Whinging pub owner shooting down law reform innovation … Too much information from Her Majesty’s Land Registry … And, salaries at large City firms inflated by fat Americans ... more

Judges    August 14, 2007  
Susan Kiefel

A worker bee in the lush gardens of the law … A sun-kissed daughter of Queensland … A steady-as-she-goes pine tree … Welcome to the bone-dry world of the newest High Court judge ... more

Judges    August 14, 2007  
The money and the bench

The strange case of the ex-judge who sued his accountant. Did Terry Christie really think he’d be better off swapping the bar for judging? Then there was a little matter of apprehended bias ... more

Court in the Act    August 10, 2007  
Batties' document merry-go-round

Appeals and stay applications return to court as the tobacco junkies fight every point to keep their gruesome secrets and “iniquities” from sparking a new round of damages claims. Ginger Snatch, judges’ associate, reports ... more

Simon Schadenfreude    August 7, 2007  
Calendar on Justinian

Calendar Test … more

Barry Lane    August 6, 2007  
Senator Waffle explains

Plenty of double-talk from “Justice” Minister David Johnston as to whether judges will be required to approve warrants under his new crime and terror laws. Fortunately hacks in the media are on hand to clear-up the confusion ... more

Tulkinghorn    August 6, 2007  
A matter of class

The judicial tide has turned against “free riders” who don’t sign-up and pay fees to class action lawyers. The legislative tide may also be turning against them. The man waving the baton is class action guru, law reformer and litigator, Dr P. Cashman – a man in the right place at the right time ... more

On the Couch    August 5, 2007  
Ross Duncan

Meet Ross Duncan … The Chaser’s lawyer, Vegemite addict and a hot new novelist … more

Roger Fitch Esq    July 30, 2007  
Our Man in Washington

The White House confronts Congress over demands by the Judiciary Committee to speak to former Bush aides over the sacking of US attorneys … Meanwhile, the Administration toughens its stance on torture and those who criticise the Iraq war … Plus plenty of fresh ultra vires initiatives ... more

Simon Schadenfreude    July 28, 2007  
Video on Justinian, marvellous!

Hi Richard, why not use YouTube for playing videos on Justinian and Gazette. Create your own Law Press channel and embed the videos directly on your website. No hassle, no gigabytes of traffic on our server and you have more traffic coming to your website. ... more

On the Couch    July 27, 2007  
Michael Kirby

Justice Michael Kirby is savaged like no other High Court judge. Yet on he glides, pouring out his well-written, well-reasoned judgments at about twice the output of his colleagues on High. He’s the only member of that otherwise stitched-up ultimate appellate tribunal who dares share with us his fantasies, foibles and fears ... more

Barry Lane    July 27, 2007  
Tax evasion and the DPP

There was never a satisfactory explanation as to why John Howard’s chum Rob Gerard was not prosecuted for his tax rorts. On the strength of the Gerard precedent we are left with the impression that Glenn Wheatley might be much more comfortably accommodated if he had kicked into the Liberal Party ... more

Judges    July 24, 2007  
We're all activists now

The Australian’s “activist judges” campaign was a significant feat. It managed to combine a beat-up with a marked lack of rigour and more than a smidgen of hypocrisy ... more

Tulkinghorn    July 23, 2007  

Fabulous Phil Ruddock is talking about tightening the rubber paragraphs of the bail law in terror cases. To keep presumed innocents like Dr Haneef locked-up the AG might have to devise a much stricter “exceptionally exceptional” exception ... more

On the Couch    July 20, 2007  
Mirella Scaramella

Mirella Scaramella is in Justinian’s Hall of Heroes. She stood by her man, Sam Fazarri, who along with two friends went to jail for the murder of Phillip Walsham. Scaramella deviled away and helped prepare the evidence that earlier this month saw the convictions quashed by the WA Court of Appeal. It is another case in an impressive series of over-zealous WA criminal prosecutions ... more

Sir Terence O'Rort    July 19, 2007  
Rumples Russo - TV star and fashion disaster

Sir Terence O’Rort examines Stephen Keim SC’s release of Dr Mohamed Haneef’s police record of interview. Unfortunately, the new Queensland barristers rules take a mean-spirited view of Keim’s noble freedom of information gesture ... more

Barry Lane    July 18, 2007  
Judicial "activism"

Barry Lane revisits one of the great pieces of 20th century judicial activism, Donoghue v Stevenson. Nowadays, an activist judge is one who upsets political conservatives and their claqueurs in the press. It’s a smear that is supposed to work as a soundbite ... more

Judges    July 17, 2007  
Pat O'Shane raked over the coals - again

Fresh flaws discovered in Pat O’Shane’s understanding of the law. Ignorance, coupled with incomprehension, unreasonableness and irrelevance, makes for a heady, if regrettable, cocktail. Justice Rod Howie stirs and shakes … more

Polly Peck    July 17, 2007  
Capital Offences

Fabulous Phil Ruddock confirms his neverending story by saying he has no plans to retire … quite right too, when he can still opine so wisely on the application of anti-terrorism laws to the Star Wars films and the local relevance of Donnie Rumsfeld’s dictum on “known unknowns” ... more

Evan Whitton    July 16, 2007  
Delirious news for lawyers and the hoi polloi

The first step for the Academy of Law is to uncover why lawyers are doomed to be unloved … A missing staple comes as a reminder that process trumps truth ... more

On the Couch    July 13, 2007  
George Newhouse

Would you vote for this man? He’s hoping to knock Malcolm Turnbull off at the next federal election. The way the swing is going it’s not impossible that Wentworth could go Labor. He’s got clean undies and he’s against greed. Sounds like a winner ... more

Hellfire Club    July 13, 2007  
A war of words over plagiarism

A partially blind UNE law student loses her honours degree after being accused of plagiarism, even though there was no “wrongful intent”. It’s all a matter of footnotes ... more

Judges    July 13, 2007  
To sleep, perchance to dream

A judge who sleeps through a trial may not necessarily be “absent” from proceedings, according to preliminary musings from some on the NSW Court of Criminal Appeal. Confidence in the justice system may be enhanced if judges are unconscious ... more

Tulkinghorn    July 10, 2007  

Heaven forbid that the earnings of large law firms should ever be imperilled by the ambidexterity principle. Lawyers must be able to act like investment banks. As the Citibank case showed, Chinese walls and client consent are the way to go. Otherwise, big law firms will never properly be able to grow bigger ... more

Sir Terence O'Rort    July 10, 2007  
An audience with Lord Eldon

Now that the Brisvegas Bar n’ Grill’s organ Hearsay is online we can catch-up with Lord Eldon’s antidote to Relevance Deprivation Syndrome ... more

Hellfire Club    July 9, 2007  
Barrister caught in tape

The NSW Bar n’ Grill is using taped conversations between two accused and barrister John Punch in disciplinary proceedings. It’s akin to bugging barristers chambers, says an angry Punch … The former head of the NSW Department of Juvenile Justice is struck off for dipping into the trust funds ... more

Barry Lane    July 9, 2007  
Another legendary litigator takes a tumble

Peter “Ziggy” Ziegler’s $220 million forensic foray against Village Roadshow has come a cropper with an award of indemnity costs against him. Not only is the legendary litigator considerably lighter in the wallet, his folly has also put a dent in the public purse ... more

On the Couch    July 6, 2007  
Gillian Triggs

Professor Gillian Triggs is soon to pack-up her London life so that she can take up her new job as dean of law at the University of Sydney. Originally from Melbourne, this noted international lawyer is attracted to Sydney by its vibrant poker-machine and pubs culture. We’ve got her on the couch, where she reveals her fantasies, her favourite stimulant and her fears ... more

Roger Fitch Esq    July 5, 2007  
Our Man in Washington

An embarrassing affidavit from a military commission insider is likely to have persuaded the Supreme Court to examine habeas for Gauntanamo prisoners … A Washington Post series on Dick Cheney puts him at the heart of the Bush presidency vices … Meanwhile, Nino Scalia recommends torture as an effective tool ... more

Evan Whitton    July 4, 2007  
A litany of perversions

Evan Whitton joins the dots: The CIA and The Mob … Drug trafficking … Michael Jon Hand … Harold Holt swimming to China … Corrupt coppers … The Nugan Hand Bank … Bob Trimbole … The Pine Cap Treaty … Sir John Kerr … Coup d’etat ... Murder most foul ... more

Sir Terence O'Rort    July 3, 2007  
Daphnis to "guide" costs regime

The new (interim) arrangements for costs assessments in Queensland have a decidedly rickety feeling. Instead of a decent set of rules Daphnis de Jersey can just provide “guidance” about appropriate directions ... more

Sir Terence O'Rort    July 3, 2007  
Winning ways

Sir Terence comes to the defence of a Rockhampton solicitor whose limited grasp of the English language and a robust style of advocacy have upset the disciplinary ponces ... more

Groper    June 27, 2007  
Postings from Perth

Jimmy McGinty is handing out judicial appointments like confetti – and not even consulting Groper … Police Commissioner Big Bad Karl O’Callaghan gets a helping hand from The Worst with a new campaign of “Blame the Judges” for the crime wave ... more

Evan Whitton    June 26, 2007  
A big heap of crap

Peter Hayes, whatever exotic cocktails he used to relieve stress, understood that pleadings “are a big heap of crap” ... Untrained judges have allowed mendacity in pleadings for 547 years … Criminal justice means rapists have a one-in-100 chance of going to prison … But, Sir Hugh Laddie has a remedy ... more

Tulkinghorn    June 26, 2007  
The Establishment v The Upstarts

New LCA “ethical” rules governing lawyer contact with the media are designed to stop hungry lawyers stealing clients from fat lawyers. In understanding ethical rules all the official explanations have to be discounted, until you get to the one that says “money” ... more

City Desk    June 25, 2007  
McHugh's advice on Cowdery

Just when you thought there was little more to be milked from the DPP’s handling of the Patrick Power affair, out pops advice from former High Court judge Michael McHugh, giving the state government a pail of fresh full cream. Read the advice and Cowdery’s reaction in full ... more

Bar Talk    June 22, 2007  
Heresy from a Queensland barrister

The bars want a say in judicial appointments because “we know best”. The trouble is that the bars’ own silk selection process is hardly a model of how to run a decent “consultation” process ... more

City Desk    June 21, 2007  
An ode to Nick

Someone loves Nicholas Cowdery, even if the state government doesn’t. His budget has been cut and he will no longer be an adornment on the international conference circuit, but at least one staffer has come out to sing his praises. “The ODPP is a good place to work.” ... more

Barry Lane    June 18, 2007  
Adversarial civil litigation: past its use-by date

Appeal judges are largely responsible for the mess in the way civil litigation is conducted. Barry Lane comes up with two marvellous suggestions to reform the system from within ... more

Roger Fitch Esq    June 15, 2007  
Our Man in Washington

The idea of planting a fatal legal flaw in the Military Commissions Act may have been inspired by the Kathleen Turner-William Hurt film Body Heat. The upshot is that David Hicks pleaded guilty in a court that had no jurisdiction ... more

Tulkinghorn    June 14, 2007  
Honest judges running a corrupt system

A recent poll in the UK found that 39 percent of respondents thought the judiciary and the legal system to be “corrupt”. Tulkinghorn gets to grips with the issue ... more

Groper    June 12, 2007  
Postings from Perth

McGinty to fix judicial appointments in WA, again, following Gluepot debacle … The Worst’s beat-ups inflame Robert “The Rooster” Cock … Another round in McGinty v The Worst ... A surplus of goodwill for the Integrated Legal Holdings float ... more

Theodora    June 8, 2007  
Goings on ...

Sir Gerry Brennan at centre of high-rise dog fight … Flare-up at bench v bar dinner in Sydney … Corrigan accuses union lawyers of “conniving” to select patsy judge … Turf warfare over the right to publicity … Horror stories from Cowderyland ... more

Evan Whitton    June 7, 2007  
Erich Honecker lives!

It’s amazing that major organs of record didn’t run former deputy attorney general James Comey’s testimony to a US Senate committee on how Seedy Gonzales and the White House tried to get a hospitalised John Ashcroft to reauthorise the illegal Stasi-like domestic spying program ... more

Judges    June 7, 2007  
Judges - the best and the worst

Judging the judges. Justinian’s latest no-holds barred judges’ survey is now underway. Nominate the best and the worst on the bench (along with some decent reasons) by June 29. The results will be published in the first week of July ... more

Callinan Diaries    June 5, 2007  
The Secret Diaries of The Hon. I.D.F. Callinan AC

Justice Ian Callinan records in his diary© that a sense of gloom pervades the High Court as his retirement gets closer. The famed jurist is understandably sentimental as he sorts through piles of memorabilia in preparation for leaving his lakeside chambers – a home away from home for the past 10 indelible years ... more

Roger Fitch Esq    June 4, 2007  
Our Man in Washington

Sabotaging the Iran-Contra investigation … The pursuit of Clinton over Whitewater … Ignoring Supreme Court rulings on habeas ... Gutting the RICO action against big tobacco … Deregulating car pollution. The common link in all these proceedings is DC appeals judge David Sentelle, a Republican stalwart and Bush law enforcer. In time the word Sentelle will enter the language as a transitive verb or a noun ... more

Bar Talk    June 1, 2007  
Sex, drugs and death

The legal profession is blessed that exemplars of virtue such as Peter Faris and Isaac Brott are on hand to lead everyone through the shadow of Peter Hayes’ death ... more

News Of The World    June 1, 2007  
Latest law news

Stand-by for the debauchment of more journalism as rancid old Rupert is on the cusp of bagging The Wall Street Journal ... One charged dropped in Conrad Black prosecution … Republican hacks selected as US immigration judges … Coercion found not to work as an interrogation technique ... more

News Of The World    May 30, 2007  
Latest law news

If lawyers believe in a client’s cause then their fees should be less … UK law partners say the judiciary covers-up embarrassing episodes … Perjury investigation involving big Scottish libel case … US lawyer bitten on the nipple by a Jack Russell suing for “loss of sexual comfort” ... more

Bar Talk    May 29, 2007  

The NSW Bar n’ Grill is trying to get Rupert’s Smellograph done for contempt. In this case both sides seem to lack a certain moral authority ... more

News Of The World    May 28, 2007  
Latest law news

Blair says courts and parliament need to be tougher on terror … Earl of Shaftesbury shafted by call girl wife … Prosecution wants four years for Scooter … Tassie solicitors’ mortgage scheme under police investigation ... more

Tulkinghorn    May 28, 2007  
Into the briar patch, again

Bright new “consumer protection” and “fee disclosure” provisions as part of the national model laws for the legal profession ensure that, once more, Christmas has come early for lawyers ... more

Evan Whitton    May 27, 2007  
Six lessons from Madame La Zonga

Evan Whitton reminds us of the lessons that should be learned from the corruption inquiry in Queensland 20 years ago ... more

News Of The World    May 25, 2007  
Latest law news

British law firms have India in their sights … Bush stands by Alberto as Gonzales aide admits political meddling … Biggest divorce settlement in Britain comes in at £48 million … Conrad Black wanted to “blow the asses” off unhappy investors ... more

News Of The World    May 23, 2007  
Latest law news

Talks for improved Iraq constitution fail … Dramatic scenes at Lord Shaftesbury murder trial in Nice … Conrad Black faces “death by a thousand cuts” ... Journalistic manipulation alleged in libel case against Daily Mail ... more

Court in the Act    May 23, 2007  
Whitlam takes directors' indemnity fight to High Court

Former NRMA president Nicholas Whitlam has settled his defamation action against Channel Nine. Why is he still pressing ahead with a further appeal in his struggle to get the NRMA to cough-up for his legal costs? Ginger Snatch reports ... more

News Of The World    May 22, 2007  
Latest law news

Peter Hayes dies in Adelaide … Clarence Thomas doesn’t make a peep during arguments … No one wants to be Gonzo’s deputy … Lord Chancellor wont disclose which judges view porn on the net ... more

Sir Terence O'Rort    May 22, 2007  
Taxing officer snatches it and bolts

Bob Houghton, the Queensland Supreme Court’s long serving costs guru, has taken early retirement, leaving the registry in chaos. Apparently, the assaults on his customer protection policy just got too much ... more

Barry Lane    May 21, 2007  
More "unintelligible conundrums" from VicAppeals

Another variation on the unintelligible conundrum theme: I don’t know nothing, but if I did know something then what I knew wasn’t enough to make it illegal ... more

News Of The World    May 18, 2007  
Latest law news

Tasmanian DPP convicted of a dog of an offence … Democrats lining-up no confidence vote in Gonzales … South Australian DPP says he’s been undermined by the AG’s department … Florida plaintiff lawyers taking “don’t sue” money from defendant ... more

News Of The World    May 16, 2007  
Latest law news

Wolfie warns World Bank investigators, “don’t f… with me” ... Gonzales tried to pressure his ailing predecessor over domestic surveillance … Juror in Megan Folbigg child murder case researched the accused’s background – appeal to reopen … Burnside wants a law under which politicians who lie can be charged ... more

City Desk    May 15, 2007  
Where are they now?

Pelly, Dick, Priest, Rogers – legal reptiles shifting around the PR and media scene … John Goodyear’s upmarket hostelry chain in Van Diemen’s Land ... more

News Of The World    May 14, 2007  
Latest law news

Cherie Blair says mothers who are convicted should not go to jail … Navy judge advocate faces lengthy jail term if found guilty of leaking Guantanamo “secrets” ... Unknown visitor may be part of Peter Hayes investigation … Huge legal aid bill for terror case ... more

News Of The World    May 11, 2007  
Latest law news

US wants World Bank to give Wolfie more time … Bill Clinton fretting about money if Hillary is elected prez … Two British government officials face jail for leaking “mad” Iraq war conversations between Bush and Blair … Mark Tedeschi calls for measures to tighten up criminal justice operations ... more

Tulkinghorn    May 11, 2007  
The profession's free ride on AustLII

AustLII has hit a $400,000 brick wall as the government slashes funding to the online information provider. It’s a radical thought, but maybe the lawyers might have to pitch-in ... more

News Of The World    May 9, 2007  
Latest law news

Britain’s new Ministry of Justice upsets the judiciary … “Unethical” Wolfie hanging-on (barely) ... Fabulous Phil Ruddock’s budget boasts … David Radler rats on Connie Black … \$US2 million libel verdict for “wrist slapping” judge upheld on appeal ... more

Evan Whitton    May 8, 2007  
Terrorism 101

The entire US national security establishment should be frog-marched off to Professor Louise Richardson’s lectures in Terrorism 101. Little Jackie Howard and solicitor general Bubba Bennett had better attend as well ... more

News Of The World    May 7, 2007  
Latest law news

The US Supremes’ Sammy Alito shows himself to be as conservative as Bush hoped … Law professors endorse individual gun ownership … Britain’s Home Secretary quits … Powderfinger song won’t prejudice Queensland copper’s trial ... more

Barry Lane    May 7, 2007  
Bankruptcy - the path to true wealth

Barry Lane gets all hot and bothered about bankrupt fraudsters squirreling a few quid away, courtesy of friends and family. Uncle Ray Williams looks like the latest in a distinguished line-up ... more

News Of The World    May 4, 2007  
Latest law news

Member of Hollinger audit committee assailed as “inept” ... Big terror trials in UK straining the justice system … Sleep expert says it was wrong to get rid of Judge Dodd for snoozing in court … Guantanamo detainee who was held for five years is released in Morocco with all charges dropped ... more

News Of The World    May 2, 2007  
Latest law news

Eleven US law firms break the billion dollar mark … CEO of BP resigns after male love rat peddles his story … Guantanamo detainees lose another round in US Supreme Court … Australian soldiers fast on the draw with shell shock claims ... more

Roger Fitch Esq    May 2, 2007  
Our Man in Washington

The main story in Washington remains the political takeover of the Department of Justice by the Republican Party. Gonzo’s people dish out the punishment for District Attorneys who don’t follow the party line in the “culture wars” ... more

Tulkinghorn    May 1, 2007  
Whadda you mean, da costs are too high?

In true Mafia style the NSW and Queensland lawyers got the old taxing officers bumped-off and the work given to members of the “family”. In Victoria, the traditional system survives. Why is this so? ... more

News Of The World    April 30, 2007  
Latest law news

ALP says it will wind back sedition laws … Ruddock vows to retrospectively amend loophole if David Hicks can profit from his story … Salaries for new lawyers in London up 15 percent … Judge sues drycleaner for \$65 million over missing suit pants ... more

News Of The World    April 27, 2007  
Latest law news

US Justice Department says Guantanamo lawyers are causing trouble … Blair rejects inquiry into tip-off to media on terror raids … Wolfowitz says the World Bank board is treating him “shabbily” ... High Court churning out the decisions ... more

Barry Lane    April 27, 2007  
Yarraside lawyers in the merde

Clarinda Molyneux QC’s brush with VicBar … Fondness for prerogative relief fouls another of the Katzenjammer Kids ... Why Ziggy Ziegler’s mammoth claim went down the gurgler

... more
Court in the Act    April 27, 2007  
BAT v Slater & Gordon

For those desperate to know the latest skirmishing in the ongoing saga of Batty v Slater & Gordon, here’s a quick update ... more

Bar Talk    April 26, 2007  
Here and there

“Soapy” George Brandis loves the silken bauble Daphnis gave him … Hobart’s most unstoppable commentator sues for defo … Batty barristers’ fees bring on swoons of envy … DPP Cowdery reminds his troops about commenting on pending cases ... more

Evan Whitton    April 24, 2007  
Wolfie and the neoconcubine

Paul Wolfowitz’s World Bank girlfriend was showered with more take home pay than Condoleezza Rice. We shouldn’t be shocked; he’s always had a corrupted view of the world and America’s place in it. As Evan Whitton points out, Wolfie’s come a long way for someone who invariably is wrong ... more

Groper    April 23, 2007  
Postings from Perth

It must be Sandgroper Day … Local struck-off lad gets fresh punishment for pretending to be a lawyer … Mallesons’ and Clutz’s massive pleading and costs stand-off ends with Martin CJ snipping Clutz’s bill from $117,000 to $14,000 … It’s a case of better never than late when Aunty Narelle delivers her judgments ... more

News Of The World    April 23, 2007  
Latest law news

Sir Larry Street and Lord Woolf to mediate dispute over Aboriginal bones … ALRC probing abuse of client legal privilege … New York DA to lift the lid of “buying” judgeships … Britain wants three former Russian agents arrested over Litvinenko death … Judge Judy gets \$US28 million a year and so the US Supremes want more pay ... more

News Of The World    April 20, 2007  
Latest law news

DPP reveals that Margaret Cunneen was removed from the MG prosecution … 10-years prison for attorney who stole from his asbestos clients … Police in Britain want Australian-style gun laws … Alan “Dunny” Jones’ evidence not accepted in sentencing hearing … Lawyers and law firms are the number one donors to presidential candidates in the US ... more

Judges    April 19, 2007  
It's a Dizzy world

Judges’ associate Ginger Snatch hangs out in the Blue Mountains with a whole pile of Dizzo judges … NSW Court of Appeal lashes poor wretches lower down the stare decisis food chain for poor quality reasoning … In Queensland a costs assessor fails to “inspire confidence” ... more

News Of The World    April 18, 2007  
Latest law news

European MPs complain about CIA renditions … Former Gonzales aide says Fredo is lying … Another chance for smoker’s case against big tobacco … British barrister takes on banks over penalty fees … “War on terror” is misleading, says Blair minister ... more

News Of The World    April 16, 2007  
Latest law news

PG rating for video advocating terror excites Phil “Amnesty” Ruddock … More law courses than ever, but fewer want to be lawyers … “Fredo” Gonzales says the sacking of US attorneys was for the benefit of the American people … Private jail in UK rife with corruption and drugs ... more

Tulkinghorn    April 13, 2007  
Proved innocent

A not-guilty verdict doesn’t necessarily mean “innocent”. Tulkinghorn suggests a new set of verdicts: definitely guilty, definitely innocent and “somewhere-in-between”. However, change is unlikely because there’s a good living to be had selling “innocence” to the guilty ... more

News Of The World    April 13, 2007  
Latest law news

The Haynes – two federal judges in the one marriage … Coonan is the latest to coo about Dunny Jones … The Mensch gives up trying to stop revelations about his speeding ticket … Court of Appeal in England rules to protect journalist’s source ... more

Evan Whitton    April 9, 2007  
Defence lawyer of the century

Ultimately David Hicks might be able to throw light on how his “astonishingly good” sentencing deal was hatched. Did Judge Susan Crawford approach Major Michael Mori, or was it the other way about? Anyway, what happened to the judicial turnip posture? Also, Evan Whitton discovers the gobbledy that got Al Grassby’s conviction for criminal defamation overturned ... more

News Of The World    April 4, 2007  
Latest law news

US Supreme Court rejects habeas appeals while finding that car emissions should be regulated … Fabulous Phil Ruddock says US gag on Hicks unenforceable here … Can the proceeds of books about Hicks be seized? ... After four attempts Gunns gets a statement a claim up ... more

Theodora    April 4, 2007  
Goings on ...

Swivel-eyed at The Australian ... The ALJ’s rejection slips … Dietrich pops up again in court … Laying down the law at the Toowoomba Dizzo … Tubby Callinan’s publisher dies ... more

News Of The World    April 3, 2007  
Latest law news

Hicks prosecution kept out out of plea bargain discussions … US Supreme Court declines to grant habeas rights to Guantanamo prisoners … Michael Kirby says the High Court’s “philosophical balance” has shifted … Help on hand for emotionally disturbed English judges ... more

Roger Fitch Esq    April 2, 2007  
Our Man in Washington

David Hicks is the latest in a line that includes John Walker Lindh and Zacharias Moussaoui. The US extracted “terrorist” pleas from all of them after “uncomfortable” periods of detention and without trial. Now they’ve become precedents in the law of war ... more

News Of The World    March 31, 2007  
Latest law news

Hicks to do nine months time in Australia … US Defence Secretary says military commission trials will lack credibility … Freddo Gonazles in deeper doo-doo … Smiler Gleeson ignites conservative backlash over his constitutional thoughts … The Mensch allegedly made-up excuses for a total of nine traffic infringements ... more

Tulkinghorn    March 30, 2007  
Litigational racketeering

Spiggsy Spigelman banged on about the high cost of litigation in his Law Convention speech. The trouble is he ducked the main problem. It’s lawyers who run the litigation show, not the judges. Tulkinghorn examines how the racket started and then got out of hand ... more

News Of The World    March 29, 2007  
Latest law news

Marcus Einfeld charged with perjury … Angela Liati charged with perverting the course of justice … David Hicks faces another year’s prison in Australia … Guilty plea the product of a coercive system … “Tobacco” Bob McCallum might have to give evidence to Congress over political meddling in RICO case … Lord Black’s farcical no compete fees and the theatrics of his henchman ... more

Judges    March 28, 2007  
Sully's swansong

Justice Brian Sully has just departed from the NSW Supreme Court with a mighty spray. Law reformers (“unstable obsessives”), bureaucrats (“all pervading cynics”) and the rotten media (“vicious-mendacious”) copped a frightful shellacking. Ginger Snatch was there to record the full froth ... more

Evan Whitton    March 27, 2007  
Flash Al and other stories

A statue of Flash Al Grassby is just what Canberra needs … Complicity by judges and lawyers? – tell us more … Reptiles out of step with public opinion on Scooter’s pardon … The Daily Show for that dose of reality missing from the rest of TV or in the tissues ... more

News Of The World    March 27, 2007  
Latest law news

David Hicks pleads quilty as military judge removes two of his lawyers … Alberto twisting in the wind … CIA wanting tougher interrogation regime for terror suspects … Conrad Black v Sluts and Vermin … Fixed legal aid fees in Britain will bring about a rise in guilty pleas ... more

Groper    March 26, 2007  
Postings from Perth

Nifty Neville Owen being ground down by the monstrous Bell litigation … Iron Ore heiresses slug it out in court … Marto floats his new game show, TV Temptations ... Legal fans of the Freo Dockers lining-up for and against the Weagles ... more

News Of The World    March 23, 2007  
Latest law news

Lord CJ and Lord Chancellor disagree on whether retired judges should be allowed to go back to the bar … Plan to strip juries from British fraud trials comes unstuck … Slater & Gordon partners to trouser $14 million in float … Justice Department lawyer says she was pressured by Robert McCallum in tobacco case ... more

News Of The World    March 21, 2007  
Latest law news

SA appeal court says its not rape to have forced sex after consensual sex in the same “encounter” ... British legal aid lawyers distressed about end to hourly rates ... more

Judges    March 21, 2007  

How to get sworn-in: There should be an elephant named after Judge Zahra … Hormones Harrison experienced judicial Tourette’s syndrome and a “hello’oo” from Spiggsy … Justice Fullerton instructed everyone, “hands on heads” ... more

Court in the Act    March 20, 2007  
Political anthropologist

High Court land rights’ critic and Howard favourite shuffles anthropological positions and gets a pasting in Federal Court native title decision. Will he now be expelled from the old farts society? Miss Ginger Snatch reports ... more

Bar Talk    March 20, 2007  
"We're not biased," says tribunal de spank

The Bar n’ Grill’s efforts to get tax malingerer Stephen Archer struck off the roll have been grinding on since 2003. Progress has been painfully slow as the Administrative Decisions Tribunal has had to examine itself twice for bias ... more

News Of The World    March 19, 2007  
Latest law news

Republicans say US attorney general Gonzales preparing to resign … International Criminal Court to look at Blair and Bush for war crimes … FBI ignored lawyers concerns about legality of phone record requests … BAT case against Slater & Gordon moves to Melbourne ... more

Tulkinghorn    March 16, 2007  
Nicholas Cowdery's office: Do Not Disturb

NSW DPP Nicholas Cowdery can bash-up politicians, as long as they don’t get stuck into him. He even says the Bar Association stinks, but he’s “proud” to be a member. More about the least accountable DPP in the country ... more

News Of The World    March 16, 2007  
Latest law news

On eve of his trial Lord Black tells reptiles, “J’ai toute confiance” ... Osama’s little helper tells the CIA, “I was responsible for 9/11 from A to Z” ... Sir Martin Sorrell sues two rude Italian bloggers for libel … What if Harriet Miers and Alberto Gonzales had been appointed to the US Supreme Court? ... more

News Of The World    March 14, 2007  
Latest law news

Australian government “pressured” US to modify Hicks’ charges … Conrad Black buys 150 t-shirts proclaiming “Conrad will win” ... British soldiers cleared of charges relating to death of Iraqi detainee … Alberto Gonzales says “mistakes were made” in firing federal attorneys ... more

Polly Peck    March 13, 2007  
Capital Offences

Kelvin Thompson’s mishap with a badly written reference to help a gangster get a liquor licence has raised ethical standards in Canberra to gleaming new heights, thanks to those ornaments of rectitude – Fabulous Phil, Treasurer Smirk and Bunter Downer ... more

Evan Whitton    March 13, 2007  
Trial by voodoo

Hicks and the prosecution of a high order abstraction … Ted Wells and his full set of tricks for the Scooter Libby defence (wither the pardon?) ... Derryn Hinch’s moment of quiet justification ... more

News Of The World    March 12, 2007  
Latest law news

“Right to bear arms” overturns DC gun controls … Kelvin’s staffer mum on how much the shadow AG knew about the Mokbel letter … John Mortimer recommends champagne as a literary stimulant … US Democrats say close Guantanamo and move the prisoners to South Carolina ... more

Barry Lane    March 12, 2007  
Dobbers unite

Carl Williams and Steve Vizard have been successful Melbourne business identities. Both are now experiencing serious setbacks to their entrepreneurial activities and their standing in the community. According the Barry Lane, their troubles stem from a lack of attention to the human resource departments of their respective empires ... more

Groper    March 9, 2007  
Postings from Perth

What’s all the fuss about? This is Western Australia and the latest nickel and dime corruption stuff barely rates … Percy Penguin’s run of misfortune with the Court of Appeal … While his radio ratings soar … CCC now has the power to “defortify” Perugino’s restaurant and Parliament House ... more

News Of The World    March 9, 2007  
Latest law news

Kelvin Thompson quits as Labor’s shadow AG after discovering he’d given Tony Mokbel a character reference … British appeal judge says he didn’t expose his genitals to female train travellers … Scooter’s conviction means a new approach to the protection of journalists’ sources ... more

News Of The World    March 7, 2007  
Latest law news

Scooter guilty … Former US attorneys lift the lid on the Department of Justice … Pay of £2.5 million per Slaughter & May partner … British AG fails to stop The Guardian’s cash-for-honours story … The Age critiques Zarah Garde-Wilson’s “va-va-voom” fashion sense ... more

Polly Peck    March 6, 2007  
Capital Offences

Who’s Fabulous Phil Ruddock’s mystery writer crafting his speeches for judicial ceremonies? ... Shadow AG had dinner with Jack Thomas, but provided no “moral support” ... Fabbo thinks military commissions are great … Why won’t a liar and a hypocrite sue to restore his precious reputation? ... more

Roger Fitch Esq    March 5, 2007  
Our Man in Washington

Court of Appeals upholds the administration line on habeas, now the Supreme Court is being asked for expedition … The origins of Military Commissions and the Geneva Conventions and their strangulation at the hands of the Bush people … Meanwhile, the administration is desperately keen for Hicks to plead guilty to something that’s not a war crime, and so establish the precedent that it is a war crime ... more

News Of The World    March 5, 2007  
Latest law news

BBC stopped from broadcasting cash-for-honours story … Military Commission prosecutor trying to force Mori off the Hicks’ case … Furore continues over sacking of US federal prosecutors who won’t toe the Republican line … Accountant gets 29-years for contract killing of Sydney solicitor ... more

Barry Lane    March 4, 2007  
Serious injury wars - a new front opens up

Prez Chris Maxwell issues a memo to the WorkCover minister: VicAppeals should not sit as a medical tribunal in serious injury cases. It should be confined to questions of law. It’s about time the current, poxy appeals system was knocked on the head ... more

News Of The World    March 2, 2007  
Latest law news

US drops attempted murder charge against Hicks … Catalogue of torture and abuse at Guantanamo … Jose Padilla ruled fit to stand trial despite the torture … Smoother ride for Australian lawyers to sit US bar exams … Tort reform blamed for NSW WorkCover’s huge surplus ... more

Tulkinghorn    March 2, 2007  
Hicks: a failure of judicial will

Habeas corpus can always be manipulated. The people most responsible for David Hicks being held for so long without trial are lawyers and judges. As for protesting about this grotesquery, why haven’t lawyers downed tools and gone on strike? ... more

News Of The World    February 28, 2007  
Latest law news

High Court clarifies professional privilege in Crime Commission hearings … Canada’s highest court overturns terror detention law … US Supreme Court asked to expedite Guantanamo habeas appeals … Clayton Utz asked why it shouldn’t be removed from Victorian government panel … Disturbing research into mental deterioration of senior US judges … Old Bailey turns 100 ... more

William Collins    February 28, 2007  
Solidarity forever on the old silk road

After a valiant, but ultimately unsuccessful, campaign to reform Victoria’s silk appointment system John Riordan retires “hurt”. VicBar says never mind the quality, just feel the width ... more

Court in the Act    February 27, 2007  
Chris Dale accused of "moral bankruptcy"

The fur is flying in Justice Paul Brereton’s court as the cancer stick lawyers fling around cruel accusations about the ex-Clutz partner who leaked incriminating firm documents. The struggle to move the proceedings to Melbourne and to reopen the McCabe case hots-up ... more

Judges    February 26, 2007  
The speeding one-eyed trouser snake

Who could have doubted that sex was at the heart of all the confabulations to get the Mensch off his $77 speeding ticket? As the net tightened the porkee of 20 years standing has fessed-up. Who’s next to roll over? ... more

Evan Whitton    February 26, 2007  
Richter has pushed the boat out on Ruddock

To defend his honour after being called a liar and a hypocrite by Robert Richter, Philip Ruddock surely has to sue. The great case of Penton v Calwell might offer the attorney general some guidance ... more

On the Couch    February 23, 2007  
Marie Christos

Who was at the heart of unravelling the Marcus Einfeld case? Marie Christos was, and we’ve got her all to ourselves on the couch ... more

News Of The World    February 23, 2007  
Latest law news

South Korean businessman gets five years for his part in the oil-for-food scam … Anti-terrorism laws in Britain to be reviewed … Another rabid columnist snaps at Michael Kirby’s trouser cuffs … Howard says he’ll deduct time already served from Hicks’ sentence ... more

William Collins    February 22, 2007  
Vic bar n' grill girds for today's showdown

Can the Victorian bar council head-off a requestioned general meeting to overturn the current silk selection process? We’ll know today. John Riordan jabs a finger at plotters on the Supreme Court. Now Earl Warren CJ rallies to defend her “process”. Was there ever so much excitement? ... more

Court in the Act    February 22, 2007  
Brereton disqualifies himself, but not entirely ...

Earning fees from the Batty tobacco company means Justice Paul Brereton won’t decide whether the Rolah McCabe case should be reopened because of an “iniquity” allegedly perpetrated by Clutz and the cancer stick boys. Maybe that will be the task for someone in Melbourne ... more

Groper    February 21, 2007  
Postings from Perth

Groper feels out the slow coaches on the WA Supreme Court … With outfits like that, will they ever let Patti Chong into The Weld Club? ... Allegations of flawed tender documents for you-beaut Arena development … Coffee cluster breaches court order ... more

News Of The World    February 21, 2007  
Latest law news

US appeals court rejects habeas corpus for Guantanamo detainees … Michael Kirby savaged by The Australian’s attack poodle … Journalist says she was with the speeding Mensch … Strange injunction to stop “celebrity prostitute” from publishing material about Sydney silk ... more

News Of The World    February 19, 2007  
Latest law news

Robert Richter QC says Philip “Amnesty” Ruddock is a hypocrite and a liar – “so sue me” ... Peter Costello is the latest to spread lies about David Hicks … One of Nino’s kids on the turps … The Mensch challenges FOI request for his HREOC expenses … British attorney general admits to affair with first female Asian silk ... more

Tulkinghorn    February 19, 2007  
The standard of proof v The standard of truth

The verdict in Carol Stingel’s civil rape case against “Gentle” Geoff Clark would have involved a high standard of truth. Indeed, “beyond reasonable doubt” for crime does not make criminal verdicts more truthful than civil ones ... more

News Of The World    February 16, 2007  
Latest law news

ASIC wants James Hardie directors banned from directing … Pentagon tries to crank-up its case against Hicks with stale details … Antagonistic & Heartless punts on the horses for a big tax win ... more

Roger Fitch Esq    February 16, 2007  
Our Man in Washington

Most of the law breaking in the capital happens on just one street … Alberto Gonzales is trying to get rid of prosecutors who are making life tough for Republican law breakers … The 25 most corrupt Bush officials unveiled … Latest Guantanamo charges mostly unknown to the law of war ... more

News Of The World    February 14, 2007  
Latest law news

Lots of “no comments” following love rat accusations against British DPP … Lord Goldsmith attacks the US over Guantanamo Bay, again … Former CIA contractor gets eight years for bashing Afghan detainee ... more

Evan Whitton    February 14, 2007  
A few fog facts

A little backgrounder for the visit next week to our shores of Dick “Snarler” Cheney, easily mistaken for Tony Soprano. Will he get someone like former lawyer Tim Russert to do the patsy interview? ... more

Polly Peck    February 13, 2007  
Capital Offences

Polly Peck goes to the Confidence in the Courts knees-up in Canberra. Smiler Gleeson, Fabulous Phil Ruddock, McMurdo P and P Cashman led an all star, all singing, all dancing cast. By the end of the weekend confidence in the cobwebbed and creaky institution had never been higher ... more

Bar Talk    February 12, 2007  
No appeal from the Food Court

Nagging away in Justinian’s eardrum is a bit of unfinished business left over from last year’s furious commentaries. Closure is needed on the Burnside negligence furphy and the associated lobbing to abolish Giannarelli ... more

Barry Lane    February 12, 2007  
Latest wisdom from VicAppeals on "serious injury"

Appeal courts and the viewing of injured workers captured on video. How much of the trial judge’s ground should be retilled? Barry has a solution to the problem posed by the “subtle influence of demeanour” ... more

News Of The World    February 12, 2007  
Latest law news

Two-thirds of those polled say Howard is wrong on Hicks … Witness in Roseanne Catt trial accuses police of pressuring her to lie … Smiler Gleeson tells judges to keep their judgments under control … John Riordan still rattling his sabre about missing out on silk … The protective role of the attorney general long since lost to politics ... more

News Of The World    February 9, 2007  
Latest law news

Top NY law firms “happily” paying \$US160,000 a year to fledgling lawyers … Magistrate in Gordon Wood case steps aside … British law firm gets legal aid of £2 million for Muslim cleric case … Hello! violated Elle Macpherson’s privacy ... more

Groper    February 8, 2007  
Postings from Perth

Introducing Groper, our new WA columnist, with stories on Freehills’ 200 question psychological test for new recruits … Keeping up the pressure, Martin Bennett style … Wayne Martin and startling court rules to get solicitors to talk to each other … And the contempt adventures of Paul Armstrong, editor of The Worst Australian ... more

News Of The World    February 7, 2007  
Latest law news

Hicks’ complaint of sexual assault confirmed by US witness … First year associates in Washington DC pulling in \$US145,000 … Court martial of soldier who says the Iraq war is illegal … Ted Haggard says he’s cured of homosexuality ... more

News Of The World    February 5, 2007  
Latest law news

David Hicks’ charges – claim and counter-claim over retrospectivity … David Jones sues Australia Institute … Clutz cranks-up its war machine against tobacco whistleblower … Pentagon official resigns over criticism of law firms doing Guantanamo work ... more

News Of The World    February 2, 2007  
Latest law news

Guantanamo prisoners “intellectually stimulated” with pics of Saddam’s hanging … Judith Miller’s testimony in Scooter trial challenged … Apple Inc pays journalists’ lawyers after failing to nail leaking sources ... more

Tulkinghorn    February 1, 2007  
The politics of prosecuting

What does DPP stand for? Maybe it’s Drop Prosecutions Prodigiously. Next political question: will Sgt Hurley get a Townsville or a Brisbane trial? ... more

News Of The World    January 31, 2007  
Latest law news

Former Clutz partner alleges a fraud was committed on the Victorian Court of Appeal in the Rolah McCabe case … US Supreme Court lacks sufficient female perspective … English judges in uproar over prison crisis … Sultan of Brunei’s brother alleges he was defrauded by top British barrister … Hooker’s defo case explodes ... more

Roger Fitch Esq    January 31, 2007  
Our Man in Washington

The Third Reich lasted 12 years and so too did the Republican control of Congress … Military lawyer charged with leaking detainee names … Holes in the Miitary Commissions Manual … Purge of the public prosecutors … Gonzales insists the Constitution doesn’t guarantee habeas corpus ... more

Evan Whitton    January 31, 2007  
One or two things you may have missed ... may prove to be a great advance for democracy … Faux News in the finest Howard tradition … Community values to infect judicial misconduct commission … Aussie “values” – the case of the USS Evans recalls a long history of political poltroonery ... more

Judges    January 30, 2007  
Blond confusion

Let’s get up to speed with developments in the Mensch case. A close inspection of the statements by siren Angela Liati suggests that the latest alibi is a flaky as all the previous ingenious conjuring tricks ... more

News Of The World    January 29, 2007  
Latest law news

Beware of lawyers who insist they are the “best” ... Little Johnnie trots out his usual David Hicks babble … Law Council writes to US Congress asking for changes to the military commission regime … Doomadgee case – Leanne Clare v Larry Street ... more

William Collins    January 18, 2007  
The new therapeutic jurisprudence

Chris Maxwell chalks up 18-months as Prez of VicAppeals. He’s excelled at all the performance indicators and can still make the milk of human kindness flow through his judgments… And what of that awkward silence from the newspaper attack hounds? ... more

Polly Peck    January 17, 2007  
Capital Offences

Fabulous Phil Ruddock’s latest twists and turns on the Hicks’ case … Military Commision appointments no different from the civil system, claims AG … Confabulations galore from Howard and Ruddock … more

Around The Firms    January 11, 2007  
Puzzling story from Clutz spinmeister

Parts of the embarrassing Clayton Utz documents on the Rolah McCabe tobacco case are now posted. But the question arises, why haven’t Richard Travers and Glenn Eggleton been invited back to their old law shop as heroes? ... more

Barry Lane    January 5, 2007  
Rank odours in the meat department

Like many companies Coles Myer has a lovely ethical code of conduct for its people. One managing director has been dismissed and two other senior executives are under investigation. Barry Lane wants to know whether all code violators are treated the same? ... more

Roger Fitch Esq    January 3, 2007  
Our Man in Washington

A round-up of rough legal customs in Baghdad, Washington and Guantanamo … Legislation stripping the courts of habeas jurisdiction is only a little bit unconstitutional … Government tells court that it shouldn’t believe Jose Padilla when he says he was tortured because he’s gone crazy from all the torture ... more