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 […]

#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 […]