Do the potential benefits of an expansive judicial immunity outweigh the potential harm to individuals unable to obtain a remedy, asks lawyer for a man who successfully sued a judge.
The nation’s top judges must decide whether the benefits of wide judicial immunity outweigh potential harm to individuals left unable to seek damages, a lawyer for a man who successfully sued a judge says.
One of the key issues is whether an “inferior court” judge is immune to lawsuits in the circumstances of this case and, if not, whether the High Court should create such an immunity. “The circumstances present an exquisite dilemma: do the potential benefits of an expansive judicial immunity outweigh the potential harm to individuals thus unable to obtain a remedy?”
He said it was not necessary for him to persuade the court of the correct answer to that question “as if this were a parliamentary inquiry”. Solicitor-General Stephen Donaghue KC previously told the court that the common law principles had always been recognised as serving an important systemic role in preserving the independence of the judiciary.
The proceedings were adjourned and, following a brief hearing before another judge, returned to Judge Vasta in December 2018.
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