Turnbull invites the #Ashbygate Zombie to haunt his new Government: @Boeufblogginon comments

The Ashby Affair is like a zombie, one of the undead. You can’t kill it with an axe. It just keeps on walking, slowly and inexorably, towards those who were involved in this sorry saga. While Mal Brough remains in Parliament the issue of his role in the tawdry affair will not go away. Brough’s elevation to the Special Minister of State by new Prime Minister, Malcolm Turnbull, presumably for leadership spill services rendered, has reinstated the Ashby affair as an issue of concern, as it should. Not even Tony Abbott was prepared to appoint Mal Brough to any Cabinet position whilst question marks hung over the Ashby affair like […]

#TURC: Someone should tell KATHY JACKSON ‘less is more’: @Boeufblogginon reports

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Storify by @Boeufblogginon reporting on the Royal Commission into Unions on the 11th June #TURC

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Tinkler at #ICAC: The art of of good and bad cops by @boeufblogginon

  #icac Watson is on the point of corralling Tinkler in the questioning of Tinkler. Very clever. — Joan Evatt (@Boeufblogginon) May 16, 2014 Law students should have been at the ICAC hearing on Friday afternoon when Nathan Tinkler was being questioned. They would have seen a fine example of corralling a witness and one of the best ‘good cop, bad cop’ scenarios presented in real life rather than a scripted drama.  There are many reasons why these current investigations at ICAC are proving so successful. One that doesn’t seem to get much of an airing is the effective working relationship between the Commissioner, Justice Megan Latham and Geoffrey Watson […]

Slipper soap opera continues: @Boeufblogginon comments

Any matter involving Peter Slipper, it appears, is always going to be complicated. A simple Mention before the Federal Circuit Court this week proved to be no different. Instead of just setting dates for hearings to commence, the court ended-up with a new version of a legal soap opera. In front of Judge Manousaridis, legal representatives involved in Doane v Slipper & Anor were pushed to the end of the queue. It appeared everybody knew this was going to be the first round of the next chapter in the on-going legal serial. And so it proved. Mr S Berry was the first to throw a curveball in the proceedings. He is […]

The #Ashbyappeal decision: @boeufblogginon explainer

By Joan Evatt 28 February 2014 In a majority decision of the Full Court of the Federal Court of Australia Justices Mansfield and Gilmour granted James Ashby the leave to appeal and upheld that appeal thereby overturning the decision of Rares J. A minority decision by Siopis J granted Ashby leave to appeal and then dismissed the appeal. All three judges denied Michael Harmer leave to appeal. Lawyers will always tell you that there are two key components to any case that must be met if a disaster is to be avoided. The first is a lawyer striving to provide that hook upon which a judge can hang his hat. The […]

Bloggers beware: law uneasy about citizen journalists and court reporting

By No Fibs legal reporter Joan Evatt August 7, 2013 On July 1 this year the NSW government’s amendments to the NSW Court Security Act (2005) became effective as law. It is the government’s first real attempt to come to terms with the growth of social media and its impact on the law. The media has historically played a critical role in the ‘open justice’ principle of the law. Its role has been the public’s eyes and ears in any court proceedings. Now that the mainstream media is in such financial and structural disarray, that role has been compromised. ‘New media’ or ‘social media’ has started to fill the void […]

Lessons from Ireland for our sex abuse inquiries

by Joan Evatt May 28, 2013 I don’t buy magazines. Like many others the only time I get to read magazines is when I’m sitting in a waiting room. It is interesting to note the class system in magazines. Waiting at a dentist’s, or doctor’s surgery I catch up with what Brad and Angelina or something called a Kadashian, a breed of peahen apparently, and, of course, what the royals did twelve months ago. Hairdressers have a more up-market collection of magazines from which to choose, with Vogue, Madison,Vanity Fair (which actually does have some written featured articles in it) to tempt you while you are having your hair ‘done’. So […]

More #Ashby #mediafail: Joan Evatt on the appeal

By Joan Evatt @NoFibs legal writer May 13, 2013 The last time I entered a courtroom, nearly 28 years ago, I was so heavily pregnant I waddled rather than walked. I was a character witness for a work colleague discovered driving without a licence.  On that occasion I exchanged heated words with the Prosecutor, a pompous prat with a Jimmy Edwards handlebar moustache, much to the amusement of the judge and a bunch of law undergraduates. With my last name it is always difficult to have anything to do with the law, as assumptions will be made. So it was with a certain concern mixed with caution when I decided to […]

#Ashby appeal: Slipper’s turn

By Joan Evatt May 3, 2013 It was Peter Slipper’s turn today in Day 2 of the Ashby v Slipper Appeal. Slipper was represented by well-known Sydney silk, Ian Neil SC. He had to wait for twenty minutes or so while Michael Lee SC endeavoured to add further to his submissions from yesterday. The issues Lee wanted to expand on were questions about the urgency of Ashby’s application preventing Ashby and his representatives from pursuing all alternative remedies available to him on the sexual harassment issue. Lee also raised the question of whether there was evidence given on what was in the mind of Michael Harmer on the question of ‘genuine […]