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With no evidence but ‘years of experience’, judge refuses costs order against failed litigant
Contracts 2024-07-11 11:55 pm By Cat Fredenburgh

A judge has tossed an unconscionable conduct case against IT company IT&C, but declined to order costs against the individual applicant, citing his “many years of experience”, but no firm evidence, in support of a finding that the order would harm the man’s mental health.

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AG tells High Court Judge Vasta not immune from false imprisonment claim
High Court 2024-05-21 11:25 pm By Cindy Cameronne

The attorney-general of South Australia wants to intervene in a High Court appeal of a ruling that put Judge Salvatore Vasta on the hook for a man’s false imprisonment, saying the judge was not entitled to immunity but that police and correctional officers were.

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Judge worries about perception that FWO treated CFMEU ‘more equal than others’
Employment 2024-04-22 11:55 pm By Cindy Cameronne

A judge has expressed concern that a “bizarre” last-minute settlement in a long-running case against the CFMEU could damage the public perception of the FWO as a model litigant, saying it could appear that the ombudsman treated some perpetrators as “more equal” than others. 

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High Court asked to take up judicial immunity appeal
Appeals 2023-11-22 4:07 pm By Cat Fredenburgh

The state of Queensland has urged the High Court to step in after a Federal Circuit and Family Court judge was held personally liable for a man’s false imprisonment.

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Judicial immunity law passes in wake of ruling against Judge Vasta
Courts 2023-11-15 1:18 pm By Cat Fredenburgh

Federal parliament has passed legislation extending judicial immunity to judges on the Federal Circuit and Family Court, after a judge on the court was held personally liable for the false imprisonment of a Queensland man.

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Judge up for costs in false imprisonment case, but not for abandoned expert
Legal Ethics 2023-11-02 11:00 pm By Sam Matthews

A man awarded $300,000 after he was unlawfully imprisoned for contempt has won his legal costs from the judge who jailed him. But a court has rejected his bid to recoup the costs paid to a damages expert in his case, finding he gave her “incomplete, inaccurate and unreliable” instructions.

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Judge’s immunity appeal may go straight to High Court
Courts 2023-10-25 1:27 pm By Sam Matthews

A judge’s appeal of a decision that found he unlawfully imprisoned a man for contempt and was liable for over $300,000 in damages may go straight to the High Court and should be heard before a similar suit by another man jailed by the judge, a court has heard.

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Court erred in failing to find judicial immunity, judge argues
Courts 2023-10-18 2:34 pm By Christine Caulfield

The Federal Court erred in finding a judge did not have judicial immunity from liability for damages suffered by a Queensland man found to have been wrongfully imprisoned for contempt, an appeals court has been told.

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Family court judge appeals damages for false imprisonment
Appeals 2023-09-28 11:54 am By Cat Fredenburgh

A judge has appealed a ruling that put him on the hook for damages for ordering the wrongful imprisonment of a Queensland man and set off alarm bells and calls for legislation by the nation’s legal bodies.

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Court awards $300,000 for wrongful imprisonment by family law judge
Legal Ethics 2023-08-30 12:34 pm By Sam Matthews

A Queensland man has prevailed in his case alleging Federal Circuit and Family Court Judge Salvatore Vasta unlawfully imprisoned him for contempt after he failed to comply with an order for particulars, winning over $300,000 in damages.

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