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Content provided by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker AO, Emeritus Professor Stephen Bottomley, and Emeritus Professor Stephen Parker AO. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker AO, Emeritus Professor Stephen Bottomley, and Emeritus Professor Stephen Parker AO or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.
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Episode 23 - Should you be able to sue the judge?

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Manage episode 494318108 series 3567324
Content provided by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker AO, Emeritus Professor Stephen Bottomley, and Emeritus Professor Stephen Parker AO. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker AO, Emeritus Professor Stephen Bottomley, and Emeritus Professor Stephen Parker AO or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

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For centuries there have been restrictions on suing a judge who has heard your case if you think they got it badly wrong. You could appeal against the decision or, in theory, petition the legislature to remove the judge. But you couldn't normally sue the judge for damages. There were some exceptions to this rule but these have been removed in Australia in a recent case that went all the way to the High Court.

This episode discusses The State of Queensland v Stradford (2025) and the arguments either way for giving judges an immunity from being sued and whether there could be a compromise position, perhaps involving insurance, so that the victims of gross judicial negligence and not left effectively without a remedy.

For more information about your dashing hosts and the Law in Context podcast series visit our website at About - Law in Context

  continue reading

24 episodes

Artwork
iconShare
 
Manage episode 494318108 series 3567324
Content provided by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker AO, Emeritus Professor Stephen Bottomley, and Emeritus Professor Stephen Parker AO. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker AO, Emeritus Professor Stephen Bottomley, and Emeritus Professor Stephen Parker AO or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://podcastplayer.com/legal.

Send us a text message with feedback

For centuries there have been restrictions on suing a judge who has heard your case if you think they got it badly wrong. You could appeal against the decision or, in theory, petition the legislature to remove the judge. But you couldn't normally sue the judge for damages. There were some exceptions to this rule but these have been removed in Australia in a recent case that went all the way to the High Court.

This episode discusses The State of Queensland v Stradford (2025) and the arguments either way for giving judges an immunity from being sued and whether there could be a compromise position, perhaps involving insurance, so that the victims of gross judicial negligence and not left effectively without a remedy.

For more information about your dashing hosts and the Law in Context podcast series visit our website at About - Law in Context

  continue reading

24 episodes

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