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[7] Amongst the material filed in support of the application is a contention that Judge Heffernan delivered judgment in Lim v Flinders University of South Australia (No 2) after he had ceased to be a judge of the Federal Circuit Court. The evidence in support of this contention is the recorded date of the judgment (31 March 2021), the date appearing on Judge Heffernan's orders dismissing the application (31 March 2021), and an extract from the website of the Federal Circuit Court of Australia which records the following:
"Timothy Heffernan
Appointment date: 23 November, 2015
Retirement date: 01 April, 2020"
[8] If a former judge of a Ch III court purported to make an order or publish reasons for judgment after they ceased to be a judge of the Ch III court (by either attaining the maximum age of 70 years or by resigning their office by writing under their hand delivered to the Governor-General), the order and the reasons would be void ab initio.
This week, we welcome renowned Australian investigative journalist Nick McKenzie to the show. Although Nick doesn’t work directly in the law, his work intersects with it almost daily. Some of his greatest collaborators have been lawyers - as have some of his greatest foes.
Nick has enormous respect for the law, yet he also sees its limits, and believes journalism can bring justice where the law cannot. And he’s certainly used his craft time and time again to do just that - exposing police corruption, foreign interference in Australian politics, and war crimes. His work has even instigated a Royal Commission.
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