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Judicial complaint commissions in Australia
A new article by Dr Joe McIntyre ((2025) 48(1) UNSWLJ 40) examines the operation of judicial complaints commissions in Australia, Ben Roberts-Smith matter back in court next week.
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Editor’s picks
This article provides the first in depth analysis of the operation of judicial complaints commissions in Australia through an analysis of empirical data on their operation. In light of a proposed Federal Judicial Commission, this inquiry is particularly pressing. The article argues that such commissions are not unmitigated forces for good and can too easily become forums for disaffected litigants to make irrelevant or unsubstantiated allegations against judicial officers, rather than bodies to investigate substantial allegations of judicial misconduct or misbehaviour. This does not mean that judicial commissions cannot work as vital tools of judicial accountability. But it does mean that great care needs to be taken to ensure that these bodies operate as a net positive for the judicial system.
Prothonotary of the Supreme Court of New South Wales v Yousif - NSW Caselaw
LEGAL PRACTITIONERS – disciplinary proceedings against solicitor – whether Respondent a fit and proper person to remain on the Roll of Australian Lawyers – where Respondent convicted of participating in a criminal group, using a false document with the intention of inducing a person to accept as genuine and then to influence that person to exercise a public duty, and knowingly taking part in the supply of a prohibited drug – where Respondent served sentence by way of intensive correction order (ICO) – where ICO has expired – where Respondent opposes relief sought – whether Respondent likely to be unfit for the indefinite future – Court satisfied of unfitness to practice for the indefinite future
Getting to Yes: Explaining State Referendum Success and What (If Anything) the Commonwealth Can Learn from It - Dr Paul. Kildea - (2025) 48(1) UNSWLJ 5
Victorian Legal Services Commissioner v Perry (Legal Practice) [2025] VCAT 343 (17 April 2025) and Victorian Legal Services Commissioner v Squirrell (Legal Practice) [2025] VCAT 344 (17 April 2025)
Context here - Lawyers disciplined over ‘offensive, demeaning’ LGBTQ ‘joke’ posted in lifts
The two men admitted writing and posting the offensive remarks in the lifts of a Melbourne law chambers building. Their actions caused outrage in the legal community.
Barrister facing suspension accused of tax failures - Lawyers Weekly [paywall]
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