Judge alleges "blatant judge shopping"

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Daily wrap  

• Judge accuses NSW top prosecutor of 'blatant judge shopping' [The Australian paywall]
   

  • A copy of the judgment here - R v JT; R v AF - NSW Caselaw
     

  • [16] “…The Crown takes the view that the sentence I imposed in BP was lenient and they seek my recusal because they are concerned that I will impose lenient sentences on JT and AF. The Crown’s application is none other than blatant judge shopping and brings the administration of justice into disrepute.”
     

  • [38] “The Director’s application is misconceived and without merit. Never in my 35 years in the law have I seen such a blatant attempt to judge shop. I refuse the application to recuse myself.”
     

• Kumanjayi Walker inquest: NT police sergeant has ‘no excuse’ for using racist term in text to Zachary Rolfe | Northern Territory | The Guardian
   

  • Zachary Rolfe argues to narrow Kumanjayi Walker evidence, days before scheduled inquest appearance
     

  • A live stream of the inquest can be found here - Kumanjayi Walker coronial inquest | Department of the Attorney-General and Justice
     

• Federal Court rules Seafarms' major Kimberley prawn farm insolvent, appoints liquidators - ABC News
   

  • “The Federal Court has ruled Seafarms' $2 billion prawn project on a NT cattle station is insolvent, pending an appeal.”
     

  • A copy of the judgment of Derrington J can be found here - Canstruct Pty Ltd v Project Sea Dragon Pty Ltd (Subject to a Deed of Company Arrangement) (No 4) [2024] FCA 112
     

• QBE ‘told brokers to ignore court order’ [The Australian paywall]
   

  • “QBE is to be questioned in the Federal Court after telling brokers they could ignore a judge’s order they contact clients regarding pandemic insurance claims.”
     

• Toodyay property owner Tony Dennis Maddox on trial over alleged breach of WA's Aboriginal Cultural Heritage Act - ABC News
   

• Melbourne surgeon sued over jaw operation that patient claims left her with life-changing injuries | Health | The Guardian
   

• Purported doctor faces Sydney jury trial over illegal breast augmentation that allegedly led to woman’s death | Sydney | The Guardian
   

• Taekwondo instructor accused of Sydney triple murder does not apply for bail in first court hearing | Sydney | The Guardian
   

• Major hit to businesses in Sydney light rail stoush | St George & Sutherland Shire Leader | St George, NSW
   

  • a copy of the judgment of Cavanagh J found here - Hunt Leather Pty Ltd v Transport for NSW (No 4) - NSW Caselaw
     

Editor’s picks

• Labor lawyers in line for top jobs at new Industrial Court [AFR paywall]
   

  • “The NSW Labor government is seeking expressions of interest for the roles of president and two deputy presidents.”
     

• National Anti-Corruption Commission to warn of ‘corruption vulnerabilities’ ahead of federal election
   

• Limits on the duty of utmost good faith - Jackman J
   

  • “Commercial lawyers typically prefer the law to be more precisely expressed, and with more predictable application than those statements allow. We tend to be attracted by the crispness of well-articulated legal rules, and repelled by the sogginess of such indeterminate principles.“
     

• Constitutional Dignity post Farm Transparency - Ashleigh Barnes [PDF download]
   

• Law protects everyone, not just the loudest [The Australian paywall]
   

  • “Hatred of Jews has been expressed at mosques and in Sydney suburbs by angry mobs yet nobody has been brought before the courts. Something has gone terribly wrong.”

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