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In this fortnightly wrap-up, Protégé looks at the most important updates from across the legal profession. This time, it includes an update on the former attorney-general, a close to Witness K’s prosecution and new details on the Lawyer X inquiry.
2: Christian Porter lodges appeal in Federal Court
Speaking of, shortly after the release of the above, Mr Porter filed appeal documents in the Federal Court over the decision to remove his defamation barrister Sue Chrysanthou from his legal team. This move comes despite his proceedings against the ABC over an article that did not name him was brought to an end recently.
3: Witness K sentencing ‘dark chapter’ in Australian history
Although Witness K has been spared jail time for conspiring to reveal classified information about the alleged spying of East Timor by the Australian government, senior human rights lawyer Kieran Pender said the sentencing – and the entirety of the trial behind closed doors – was a “dark day for democracy in Australia”.
4: New Lawyer X legislation introduced to Victorian Parliament
Seven months after the final Lawyer X inquiry report was released, new legislation to ensure recommendations are delivered effectively with the powers of an independent implementation monitor has been introduced to the Victorian Parliament. It’s the first news we have heard of the Lawyer X inquiry since the state’s Attorney-General promised that every recommendation would be implemented.
5: Shine considering class action against Nuix
Plaintiff firm Shine Lawyers has indicated that it may soon commence proceedings against listed tech company Nuix on behalf of shareholders. It comes in the wake of Nuix’s alleged overstatement of sales forecasts, for potentially failing to adhere to continuous disclosure obligations and a search warrant in its Sydney office.
6: Barrister reprimanded for pushing female practitioner’s head towards crotch
A barrister who pushed a female legal professional’s head towards his crotch area during an event for clerks has been reprimanded and ordered to pay costs, with the tribunal finding that the actions did not warrant any “more onerous discipline”. The lack of action by the tribunal and the decision to keep his name redacted have angered the legal profession – and may be the subject of an upcoming appeal.
7: Religious freedom advocacy groups must come clean, Michael Kirby says
In response to a Christian group’s lobbying blitz and in criticising organised religion for failing to “lift their sights above sex and bedrooms”, former High Court justice Michael Kirby has called on religious freedom advocacy groups to ditch the reliance on generalities about the law and to come clean about what they really want.
Almost 60 eminent legal professionals including former High Court justices and Federal Court judges have slammed Prime Minister Scott Morrison for ultimately failing to fulfil a promise made in May 2019 that he would legislate an integrity commission “within 12 months” and much faster than Labor had originally promised.
9: Presumption of innocence does not mean guilt-free, leading silk says
One of Australia’s leading barristers who has represented some major high-profile clients has cautioned lawyers to be “much more careful” when politically and socially discussing the meaning of the presumption of innocence and to avoid promoting the message that it means their clients are guilt-free.
10: NSW legal profession welcomes Dubbo Drug Court
A $27.9 million investment to expand the NSW Drug Court into the Dubbo region has been hailed by the state’s legal body as a “welcomed acknowledgement” that the use of ice and other amphetamine substances is not just a criminal justice issue.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at: