The High Court of Australia has overturned a lower court's ruling, effectively declaring that judges cannot be sued for making errors in their judicial decisions. The case involved a Brisbane man, Mr. Stradford, who was wrongly jailed for contempt of court by Federal Circuit Court Judge Salvatore Vasta. While Vasta was initially found liable and ordered to pay compensation, the High Court ruled that common law affords the same immunity from civil suit to judges of all courts, protecting them from lawsuits arising from actions taken in their judicial capacity.
The High Court has allowed appeals in the case of a judge held personally liable for wrongly jailing a man, effectively ruling that judges cannot be sued for making a mistake.
On the issue of the scope of immunity from, or defence to, civil suit for judges of the Federal Circuit Court, the High Court ruled that common law afforded the same immunity from civil suit to judges of inferior courts as it did to judges of superior courts.“Under that common law, judges of Australian courts … are immune from civil suit arising out of acts done in the exercise, or purported exercise, of their judicial function or capacity,” the High Court judges said.
Stradford’s lawyers had told the High Court that arguments against the judge’s liability meant “in cases of this kind, victims of even the most egregious torts should have no remedy”. The proceedings were adjourned and, following a brief hearing before another judge, returned to Vasta in December 2018.
Judicial Immunity High Court Judges Lawsuit Errors
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