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aus+uk / aus.legal / Re: judge being sued

SubjectAuthor
* judge being suedMax
+- Re: judge being suedRod Speed
+* Re: judge being suedSylvia Else
|`* Re: judge being suedMax
| `- Re: judge being suedSylvia Else
`- Re: judge being suedMax

1
judge being sued

<sojulh$r2c$1@gioia.aioe.org>

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: judge being sued
Date: Mon, 6 Dec 2021 14:05:19 +1100
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 by: Max - Mon, 6 Dec 2021 03:05 UTC

https://www.abc.net.au/news/2021-12-06/judge-salvatore-vasta-sued-for-wrongly-jailing-qld-man/100676922

A judge is reportedly being sued by a Qld person for an order of the
judge which saw the person jailed for 6 days.

The article says that "judges are typically immune from civil liability".

Is there any law that says that judges are immune from civil liability
for the orders and decisions they make as a judge?

Re: judge being sued

<j15e16Fu4j9U1@mid.individual.net>

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From: rod.spee...@gmail.com (Rod Speed)
Newsgroups: aus.legal
Subject: Re: judge being sued
Date: Mon, 6 Dec 2021 14:23:14 +1100
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 by: Rod Speed - Mon, 6 Dec 2021 03:23 UTC

Max <max@val.morgan> wrote

> https://www.abc.net.au/news/2021-12-06/judge-salvatore-vasta-sued-for-wrongly-jailing-qld-man/100676922

> A judge is reportedly being sued by a Qld person for an order of the judge
> which saw the person jailed for 6 days.

> The article says that "judges are typically immune from civil liability".

> Is there any law that says that judges are immune from civil liability for
> the orders and decisions they make as a judge?

Clearly not given that one is being sued, stupid.

Re: judge being sued

<j15h67F4unU1@mid.individual.net>

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From: syl...@email.invalid (Sylvia Else)
Newsgroups: aus.legal
Subject: Re: judge being sued
Date: Mon, 6 Dec 2021 15:17:09 +1100
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In-Reply-To: <sojulh$r2c$1@gioia.aioe.org>
 by: Sylvia Else - Mon, 6 Dec 2021 04:17 UTC

On 06-Dec-21 2:05 pm, Max wrote:
> https://www.abc.net.au/news/2021-12-06/judge-salvatore-vasta-sued-for-wrongly-jailing-qld-man/100676922
>
>
> A judge is reportedly being sued by a Qld person for an order of the
> judge which saw the person jailed for 6 days.
>
> The article says that "judges are typically immune from civil liability".
>
> Is there any law that says that judges are immune from civil liability
> for the orders and decisions they make as a judge?

It's part of the Common Law.

But there are still limits. If a judge shoots you in court, he'll still
be charged with murder, or attempted murder.

In the instant case one question is going to be whether the judge's
departure from the normal processes was so egregious as to mean that he
was no longer acting as a judge, and thus no longer entitled to the
immunity.

The Family Court Appeal that overturned the imprisonment is here:

<http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCAFC/2019/25.html>

Clearly, the appeal court was unimpressed, but the bar for successfully
suing a judge is set very high. I'm sceptical as to whether Stradford
will win.

Sylvia.

Re: judge being sued

<som5s2$126u$1@gioia.aioe.org>

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: Re: judge being sued
Date: Tue, 7 Dec 2021 10:20:32 +1100
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 by: Max - Mon, 6 Dec 2021 23:20 UTC

On 6/12/2021 3:17 pm, Sylvia Else wrote:
> On 06-Dec-21 2:05 pm, Max wrote:
>> https://www.abc.net.au/news/2021-12-06/judge-salvatore-vasta-sued-for-wrongly-jailing-qld-man/100676922
>>
>>
>> A judge is reportedly being sued by a Qld person for an order of the
>> judge which saw the person jailed for 6 days.
>>
>> The article says that "judges are typically immune from civil liability".
>>
>> Is there any law that says that judges are immune from civil liability
>> for the orders and decisions they make as a judge?
>
> It's part of the Common Law.
>
> But there are still limits. If a judge shoots you in court, he'll still
> be charged with murder, or attempted murder.
>
> In the instant case one question is going to be whether the judge's
> departure from the normal processes was so egregious as to mean that he
> was no longer acting as a judge, and thus no longer entitled to the
> immunity.
>

I don't see how a judge making an order for imprisonment is doing
anything but acting as a judge.

> The Family Court Appeal that overturned the imprisonment is here:
>
> <http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCAFC/2019/25.html>
>
>
> Clearly, the appeal court was unimpressed, but the bar for successfully
> suing a judge is set very high. I'm sceptical as to whether Stradford
> will win.
>

Surely there is some other legal way for the plaintiff to get
compensated for being wrongly imprisoned, like when they give payouts to
people wrongly convicted.

> Sylvia.
>
>
>
>

Re: judge being sued

<j17lhtFcua6U1@mid.individual.net>

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From: syl...@email.invalid (Sylvia Else)
Newsgroups: aus.legal
Subject: Re: judge being sued
Date: Tue, 7 Dec 2021 10:43:55 +1100
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In-Reply-To: <som5s2$126u$1@gioia.aioe.org>
 by: Sylvia Else - Mon, 6 Dec 2021 23:43 UTC

On 07-Dec-21 10:20 am, Max wrote:
> On 6/12/2021 3:17 pm, Sylvia Else wrote:
>> On 06-Dec-21 2:05 pm, Max wrote:
>>> https://www.abc.net.au/news/2021-12-06/judge-salvatore-vasta-sued-for-wrongly-jailing-qld-man/100676922
>>>
>>>
>>> A judge is reportedly being sued by a Qld person for an order of the
>>> judge which saw the person jailed for 6 days.
>>>
>>> The article says that "judges are typically immune from civil
>>> liability".
>>>
>>> Is there any law that says that judges are immune from civil
>>> liability for the orders and decisions they make as a judge?
>>
>> It's part of the Common Law.
>>
>> But there are still limits. If a judge shoots you in court, he'll
>> still be charged with murder, or attempted murder.
>>
>> In the instant case one question is going to be whether the judge's
>> departure from the normal processes was so egregious as to mean that
>> he was no longer acting as a judge, and thus no longer entitled to the
>> immunity.
>>
>
> I don't see how a judge making an order for imprisonment is doing
> anything but acting as a judge.
>
>
>> The Family Court Appeal that overturned the imprisonment is here:
>>
>> <http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FamCAFC/2019/25.html>
>>
>>
>> Clearly, the appeal court was unimpressed, but the bar for
>> successfully suing a judge is set very high. I'm sceptical as to
>> whether Stradford will win.
>>
>
> Surely there is some other legal way for the plaintiff to get
> compensated for being wrongly imprisoned, like when they give payouts to
> people wrongly convicted.
>

Those payouts only arise when there has been misconduct, such as
planting evidence, failing to disclose exculpatory evidence, or gross
negligence.

Merely being convicted for something one didn't do does not, in itself,
lead to compensation.

Sylvia.

Re: judge being sued

<sor77j$5tp$1@gioia.aioe.org>

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From: max...@val.morgan (Max)
Newsgroups: aus.legal
Subject: Re: judge being sued
Date: Thu, 9 Dec 2021 08:14:23 +1100
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 by: Max - Wed, 8 Dec 2021 21:14 UTC

On 6/12/2021 2:05 pm, Max wrote:
> https://www.abc.net.au/news/2021-12-06/judge-salvatore-vasta-sued-for-wrongly-jailing-qld-man/100676922
>
>
> A judge is reportedly being sued by a Qld person for an order of the
> judge which saw the person jailed for 6 days.
>
> The article says that "judges are typically immune from civil liability".
>
> Is there any law that says that judges are immune from civil liability
> for the orders and decisions they make as a judge?

"The Judge is Sal Vasta who is the Brother of the Judges associate Ross
Vasta (now an MP) for his father, Angelo Vasta, the only Judge to be
sacked by the Government in Queensland."

https://forums.whirlpool.net.au/thread/988l1007

"Judge Vasta has been a judge in the Federal Circuit Court of Australia
since January 1, 2015. His wife, Deborah, is a Queensland magistrate,
and his brother, Ross, the federal member for Bonner.

Earlier this year, his father – former judge Angelo Vasta QC, who was
removed from his position over misconduct allegations by the Queensland
Parliament in 1989 – died at the age of 80."

https://www.brisbanetimes.com.au/national/queensland/i-hope-you-brought-your-toothbrush-man-sues-judge-who-jailed-him-20211110-p597qy.html

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