The Australian case of Stradford (a pseudonym) v Judge Vasta [2023] FCA 1020, stemmed from one of the parties to a routine family law property dispute, Mr Stradford, being declared in contempt of court by Judge Vasta of the Federal Circuit Court of Australia (‘FCC’). He was detained and falsely imprisoned for the purported contempt (at [375]) and brought an action against the judge. Wigney J rejected Judge Vasta’s claim for judicial immunity from suit and found him personally liable for the tort of wrongful imprisonment, referring to ‘a gross miscarriage of justice’ (at [1]) and finding that Judge Vasta ‘acted without or in excess of his jurisdiction in the requisite sense’ (at [368]). The case establishes that a judge of an inferior court acting without jurisdiction is not afforded judicial immunity … (more)
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Simon Allison and John Minas, ‘Liability for False Imprisonment and Judicial Immunity in Australia’s Federal Court System’, Cambridge Law Journal, volume 83, issue 1, March 2024, pp 33-35. Published online by Cambridge University Press: 3 April 2024.
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