Particle.news

Download on the App Store

High Court Upholds Judicial Immunity for Judge Who Wrongly Jailed Man

The ruling overturns a 2023 decision, reaffirming protections for judges across all Australian courts, despite errors in the original case.

  • The High Court ruled that all Australian judges, including those in inferior courts, are protected by judicial immunity from civil lawsuits for acts performed in their judicial capacity.
  • The decision overturns a 2023 Federal Court ruling that held Judge Salvatore Vasta personally liable for wrongly jailing a man during a divorce case.
  • The man, known as Mr. Stradford, was jailed for contempt of court after failing to provide financial documents, spending seven days in custody before his release.
  • The High Court acknowledged the errors in Judge Vasta's ruling and described the original proceedings as a 'parody,' but upheld immunity to preserve judicial independence.
  • The case prompted legislative changes in 2023 to clarify judicial protections, with the Attorney General emphasizing that accountability remains through appeals and constitutional mechanisms.
Hero image