Ashby v Slipper Appeal: the first round

Joan Evatt

Joan Evatt

Legal Writer at No Fibs
A student Activist in the late 1960s and early 1970s, Joan is still doggedly swimming against the tide, and in answer to two questions she's still commonly asked: "Yes I am an Evatt and we're all related. No, I am not a lawyer. I just seem to have a plethora of legal subjects acquired in various qualifications and a half-finished law degree. I'm also potty-mouthed". For the last 11 years Joan has taught at the Petersham Media Centre, TAFE.
Joan Evatt
- 9 hours ago
Joan Evatt
In the 1970s and early 80s Joan was industrial officer then federal assistant general secretary of Actors' Equity. She worked for Network Seven in news, current affairs, and 'Willesee' when news was shot on film. She also freelanced for Film Australia, Digby Wolfe Productions, and E-News. From 1984-2005 she ran post-production and production company, VISUALEYES Productions, which won a number of awards for short issue-based trigger films, oversaw ABC post-production, and created television commercials.

By Joan Evatt
Source: Boeufblogginon
February 8th 2013

Michael Harmer

Michael Harmer

There were surprisingly few members of the general public present at today’s directions hearing before Emmett J in the matter of the Ashby v Slipper applications for leave to appeal to the Full Bench of the Federal Court. Is this issue dead in the water with the masses and is now only of interest to the mainstream media? I’ll let others decide.

The applications for leave to appeal were not heard today but will be heard before the Full Bench of the Federal Court during their May sittings. At the conclusion of the matter before Emmett J representatives of all parties toddled off to hammer out suitable dates in May.

It was made clear by Emmett J that if leave to appeal is granted by the Full Bench then they would likely go on to hear the appeal at that time during their May sittings.

One thing that did amuse me was the issue of the length of written submissions arguing a case for the leave to appeal to be either granted or rejected. Apparently written submissions are limited to 10 pages but parties for Harmer asked for them to be increased to 30 pages. Emmett J granted this request subject to the presiding judge of the Full Bench countering the request and enforcing the 10 page rule. (For some reason this tickled my fancy and I had a quiet snigger).

The other matter for business was the issue of costs being awarded to Slipper as a result of Rare’s decision now, of course, the subject of two applications for leave to appeal.

Emmett J slated the hearing on costs to 30th May. The logic seems to be if leave isn’t granted then the hearing on costs can go ahead, but it will be totally dependent on the outcome of the leave to appeal.

So bing bang wallah wallah bing bang – all over in a very short time.

The other highly amusing thing for me was my engagement with members of the mainstream media in the lift going down while they chatted between themselves trying to sort out what had just happened in court.

It was my “OH For Fuck’s Sake” moment as I then, without the benefit of any notes, gave them a six point summary as to what had happened – all done and dusted before we hit the ground floor. Once outside the court precincts I was asked to repeat what I had said in the lift, which I did while notes were taken, much to the amusement of the delightful Ross Jones, my comrade for the morning and occasional contributor to Independent Australia, the on-line magazine.

To my very best new friends in the MSM: Today wasn’t exactly rocket science, and it helps to prepare and listen to what is being said in court instead of chatting, even if it is about the case. I don’t even want to think about what is not being taught in journalism degrees.

The focus of the Ashby-Slipper story will change as this appeal proceeds. It isn’t about Ashby anymore or, for that matter, Slipper. Well, maybe a bit. But they are now playing second fiddle to Michael Harmer. Make no mistake Harmer is now driving this engine. That is the story in my view. Appeals will be lodged all the way if necessary because at stake is Harmer’s professional reputation and career. If I was occupying Harmer’s shoes I would be doing the same.


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Comments


  1. Excellent reporting – if only your new besties could do as well.

    And what “image” is Mr Harmer trying to present in that rather sickening pic?

  2. Catching up says

    So, the media is not interested. That says it all.


  3. Not just about Harmer, what about Brough, Pyne et al.
    The silence in the MSM/ABC is deafening. Any why is the govt so complacent, have they done a deal over the AWU rot?
    Ashbygate stinks to high hell.