Federal Parliament Enacts Judicial Immunity Legislation
The September 2023 issue of Hearsay included an item concerning a case where damages for false imprisonment were awarded against a judge of the Federal Circuit and Family Court.
That case is on appeal. Subsequently, the Federal Government introduced into the House of Representatives the Federal Court Legislation Amendment (Judicial Immunity) Bill 2023, that passed through the house on 15 November 2023. A link to the Bill is here.
The Federal Attorney General, Mark Dreyfus KC, said of such Bill:
Judicial immunity protects judges from personal liability for actions done as part of their judicial functions. This ensures judicial independence and, in turn, supports each person coming before the court receiving an impartial and fair hearing. Judges must be able to decide matters before them in accordance with their assessment of the facts and their understanding of the law, without the threat of being personally sued.