Brough lies on #Ashbygate appeal: irrelevant to stolen diary: @NoFibs legal reporter @Boeufblogginon

  I wish someone would help Mal Brough understand at least one thing. The Full Court of the Federal Court of Australia in their 27th February 2014 decision on the Ashby appeal of the Rares J decision is NOT about him. It is about whether the primary judge, Justice Rares, appropriately made an interlocutory order dismissing the Ashby case as a result, in Rares’ view, of incidents of abusing the administration of justice. Rares J believed the justice system was used as a political tool that ultimately benefitted the ‘LNP or Mr Brough’. Mansfield J and Gilmour J, in the majority decision, were able to come to the conclusion that […]

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 […]

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 […]