Judicial Immunity
Judicial Immunity: an Update
A decision in Australia in August 2023 held that a family court judge at first instance had no judicial immunity when taking a decision outside his power and distinctive family court jurisdiction and was liable in damages to one of the parties. I wrote an extensive article and commentary for the Financial Remedy Journal. The case has now gone to appeal to Australia’s highest court, and it has been held that the previous decision was wrong and the judge and others acting on his orders do have immunity. This important decision may well be followed in other common law jurisdictions. This summarises the position.
- Blog
- Judicial Immunity
!06/05/2025 07:00
Judicial Immunity: An Extraordinary Case and a Worrying Warning from Australia
An extraordinary decision in August 2023 of the Federal Court of Australia has highlighted for English judges the risks of being sued for damages and the potential inadequacy of the defence of judicial immunity.
- Journal
- Judicial Immunity
!01/07/2024 07:00
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