Login
Lawyers outraged at Lawyer X compensation bill
The Victorian government’s bill to protect itself from compensation claims brought by victims of the Lawyer X controversy has been heavily criticised by the state’s legal associations.
Naomi Neilson
In what it claimed was an attempt to “draw a line” under the scandal caused by Victoria Police’s registration of barrister Nicola Gobbo, the Labor government introduced the State Civil Liability (Police Informants) Bill 2024 to put an end to civil compensation claims.
Over $200 million has already been spent by the government in delivering 49 of the royal commission’s 55 recommendations.
While it would not affect criminal appeal processes, the bill will bring an end to any financial compensation, including retrospectively halting cases brought by Gobbo and Orman.
“We are taking steps to protect Victorians being burdened from the costs of further spending on these matters so we can continue investing in the things that Victorian families can rely on,” the state’s Attorney-General Jaclyn Symes said.
The Victorian Bar said the legislation should cause citizens to be deeply concerned because it is “unprecedented and incompatible” with the state’s Charter of Human Rights and Responsibilities Act.
It added there had been no accountability by Victoria Police, with the charges recommended by a special investigator never laid.
Victorian Bar said the individual civil claims are the “key process” available to the victims and should not be stopped by the government.
“It would also set an extremely disturbing precedent for parliaments that might in future seek to extinguish people’s rights against the state in other areas if it becomes financially or politically expedient to do so,” the Victorian Bar said in the statement.
“That there has been no consultation on the bill and that it is sought to be enacted with unreasonable haste are also deeply troubling.”
The Law Institute of Victoria (LIV) was equally concerned the state has sought to “legislate away its liability”.
“The LIV believes that this fundamentally undermines the rule of law and administration of justice,” LIV CEO Adam Awty said.
“The state has enormous power over its citizens, and for it to legislate out of liability when the power is wielded improperly is wrong.”
The final royal commission report, released by Margaret McMurdo AC in December 2020, found Gobbo “undermined the administration of justice, compromised criminal convictions, damaged the standing of Victoria Police as well as the profession, and shaken the public trust and confidence in Victoria’s criminal justice system”.
McMurdo also criticised the police for encouraging Gobbo to act as a barrister for clients she was informing against.
“Gobbo could not have informed on her clients without the assistance of the police officers to whom she informed. During this period, they too displayed negative patterns of conduct that would continue in the future,” McMurdo said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
