A judge claims a court was wrong to find that judicial immunity did not shield him from being sued by a man left traumatised after being wrongfully jailed during divorce proceedings.
known only by the pseudonym Mr Stradford.The Commonwealth of Australia and the state of Queensland were also found to be vicariously liable to pay for the imprisonment due to actions taken by court, police and correctional officers in following Judge Vasta’s orders.
He said Justice Wigney erred when finding that the orders imprisoning the Brisbane man were invalid before they were later set aside. The Commonwealth has brought up constitutional grounds for challenging the appeal and argued court security officers were simply following orders that were “apparently valid” under a direction from Judge Vasta.Mr Stradford, a father of two, was jailed in December 2018 for a minimum of six months for not obeying orders to provide financial documents during divorce proceedings.
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