Judge slams govt for denying lawyers access to asylum seekers

A Supreme Court judge in Victoria has criticised immigration officials on Christmas Island for refusing two Maurice Blackburn lawyers access to their asylum seeker clients.

Leanne Mezrani • 29 May 2015 • NewLaw

The firm’s pro bono practice leader, Elizabeth O’Shea, and lawyer Min Guo were forbidden access to a group of asylum seekers over three days in April.

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Maurice Blackburn is representing the asylum seekers in a class action that alleges the federal government has failed to provide them with proper medical care.

Justice Stephen Kaye said the conduct of the immigration officials was “high handed” and involved an “unacceptable disregard” for orders he made on 15 April granting the lawyers access to a compound to gather evidence. He ordered the government to pay indemnity court costs for the plaintiffs.

Jacob Varghese (pictured), a principal at Maurice Blackburn, said security concerns were cited as the reason Ms Shea and Ms Guo were refused entry to the White Compound.

“We had to return to court in Melbourne seeking an urgent application for access, wasting time and resources to settle this matter,” Mr Varghese said.

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Maurice Blackburn filed class action proceedings in the Supreme Court of Victoria in August last year.

The claim alleges the federal government and the Minister for Immigration and Border Protection have failed in their duty of care to protect the health and wellbeing of asylum seekers held in detention on Christmas Island.

The open class action has been brought on behalf of all asylum seekers who have been detained on Christmas Island in the past three years and have suffered an injury or exacerbation of injury.

Maurice Blackburn is seeking compensation and, where appropriate, court orders compelling the government to provide asylum seekers with the care they require.

The lead plaintiff is a six-year-old girl known as AS. Her identity has been protected by a Supreme Court of Victoria pseudonym order.

AS has been in detention for more than a year and has been assessed by a child psychiatrist as having post -traumatic stress disorder.

The matter returns to court in September.

Michael Mallal Wednesday, 03 June 2015

Denying lawyers access to their clients is unbelievable. No wonder the gutter press is not discussing it. Australia is running its own Gitmo on Christmas Island. Maybe these perpetrators can be charged before the ICC with genocide?

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Adam Wednesday, 03 June 2015

Which now raises another interesting question. Does MB take on any work in their "pro bono" section where it is truly as a public service with no hope of any remuneration whatsoever. Or do they only take on "pro bono" cases where there is a strong liklihood or at least some liklehood that they will recover costs from the defendant. In which case their "pro bono" section is no different from the rest of their practise and there is no "pro bono" section at all.

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Adam Wednesday, 03 June 2015

"Pro bono publico (English: for the public good; usually shortened to pro bono) is a Latin phrase for professional work undertaken voluntarily and without payment or at a reduced fee as a public service." Perhaps MB should rephrase 'no win no pay basis' sounds more precise to me and perhaps more accurate.

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Adam Tuesday, 02 June 2015

Yes Roisin very well said. They are cherry picking whilst the smaller firms carry the load of the communities needs

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Roisin Monday, 01 June 2015

I agree and I and other small practices have been doing pro bono for years and never say a word. The larger firms set up their own Pro Bono Department; but everybody gets paid don't they? Then they, or their colleagues, put each other up for Pro Bono awards at the law society. Just to ensure that everybody knows that they have been doing pro bono work. Ho hum. Reality check needed.

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Adam Monday, 01 June 2015

Sounds to me like MB is misusing the expression for publicity and sympathy. 'Pro bono' in my jurisdiction means exactly what it is supposed to mean. Representing a client out of the goodness of my heart with no possibility of receiving anything more than a 'thankyou'. And even that might not occur. Maybe MB should use a term like 'contingency basis' so as not to mislead the court or the public.

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N Sunday, 31 May 2015

MB still incurs costs on pro bono matters. Pro bono simply means that MB doesn't charge their clients.

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guest and taxpayer Saturday, 30 May 2015

Since when asylum seeker becomes a client?

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Curious Friday, 29 May 2015

Yes that would be interesting.

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Adam Friday, 29 May 2015

Does pro bono mean Maurice Blackburn will not be seeking costs if the class action succeeds. From my own experience with this firm they will only take on cases 'pro bono' if they are assured a win. For the battlers with a very strong case, but not so clear cut, then bad luck. Calling themselves 'pro bono' in court is otherwise just an attempt to gain publicity and sympathy as the good guys in my humble opinion. Perhaps even misleading and deceptive. I'd like someone from Maurice Blackburn to clarify their position. If genuinely 'pro bono' then I take my wig off to you.

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