Search
This area does not yet contain any content.
Justinian News

Unread emails ... Family law barrister in Adelaide neglects to attend to emails ... Reminders to renew her ticket studiously ignored ... Unravelling chaos ... Trials invalidated ... Liability of Law Society and Conduct Commissioner ... Breach of statutory requirement ... Damages ... From our Team on the Torrens ... Read more >> 

Politics Media Law Society


An Australian Abroad ... An essay with pictures … Egypt and the Grand Museum … No end to the antiquities … Down the Nile on a dahabiya … Tombs and temples … Paris and industrial-scale tourism … The Yarts & Kulture ... Read on >> 

Free Newsletter
Justinian Columnists

Annihilation of the now ...Trump's campaign of destruction ... Fake emergencies ... Pointless and farcical executive orders ... Gangsterism ... Looting ... Corruption ... Shakedowns ... White rage ... Christian nationalism ... Roger Fitch unloads ... Read more >> 

Blow the whistle

 

News snips ...


Tasmanis's Lieutenant Guv (and CJ) Christopher Shenanigans is unlikely to decide the consitiutional impass ... The current guv'nor, former Circuit Court judge and family lawyer Barbara Baker returns to Guv House next week ... Labor hates the Greens and is unlikely to form a coalition government ... Another election looks likely as the numbers for both sides are brittle and unreliable ... However, Baker can ask the Labor leader to test his numbers. 

Justinian's Bloggers

Letter from London ... Weather report ... Starmer sinking ... Farage rising ... Fake law firm ... Fake cases ...  NHS employee cleans up with woke case for hurt feelings ... Floyd Alexander-Hunt files from Blighty ... Read more >> 

"In its self-image, Australia has changed from a nation of tough, resilient Anzacs to a snowflake society of victims. This can be seen in the rise of identity politics, cancel culture, trigger warnings, unconscious bias, workplace Broderickism, LGBTQIA+ pleading, colonisation impacts, hidden disabilities and welfare dependency. Hurt feelings, offensive words, micro-aggressions, workload stress and anxiety now form the basis of workers compensation claims."

Mark Latham MLC - a dissenting statement in a parliamentary report on proposed changes to workers compensation law ... May 2025 ... Read more flatulence ... 


Justinian Featurettes

Zeilgeist litigation ... Matt Collins KC on live-streaming of high-profile trials ... Social media nightmare ... Abuse of barristers ... Chilling emails ... Trials as a form of public entertainment ... Courts sleepwalking into a dangerous zone ... Framework needed to balance competing interests ... Paper delivered to Australian Lawyers Alliance Conference ... Read more >> 


Justinian's archive

Justice Jeff Shaw's bingle ... Supreme Court judge's drink-drive experience ... Cars damaged in narrow Sydney street ... Touch driving ... Missing blood sample ... Equality before the law may not apply to judges ... Judges behind the wheel ... From Justinian's Archive ... November 4, 2004 ... Read more >> 


 

 

« The ceremony of innocence is drowned | Main | Lord Eldon's family tree »
Thursday
Aug052010

From the mouths of craftsmen

Littlemore gets saucy … VicAppeals unhappy without two counsel … Languid Family Court judge hits herself in the face ... From Justinian February 1999


Saucy

 

Words are a beautiful thing, particularly in the mouth of a master, like Stuart Meredith Littlemore.

Stuie reminded us in his seminal work, The Media and Me (ABC Books, remaindered), that as a teenager there wasn’t a word he didn’t know (p.2), and that he got first-class honours in English in the Leaving Certificate of 1961 (p.12).

There are few who are more wondrous at holding our beautiful language up to the light and letting it sparkle and dance.

Proceedings before Sydney Magistrate Lilian Horler drive the point home.

Littlemore acted for an accused on drug charges. The Crown prosecutor was probing a witness about the source of the marijuana.

Crown: Was there any conversation about sourcing it?

Littlemore: About putting sauce on it. I don’t know what sourcing it means.

Bench: Sort of like accessing.

Littlemore: Accessing – that’s a noun … Can we have it in plain English?

Bench: On come on Mr Littlemore.

Littlemore: No your Honour, your Worship. I don’t know what “sourcing” means.

Bench: Don’t you?

Littlemore: I really do not.

Bench: Finding a source for.

Littlemore: Mm?

Bench: Finding a source for.

Littlemore: Finding a source for. Finding, that’s as opposed to finding?

Bench: Pardon?

Littlemore: Is that as opposed to finding? If somebody finds something, that’s different from finding a source for something.

Bench: I suppose so. What are you asking – was there any discussion about where the marijuana had come from? Is that what you mean?

Crown: Yes, your Worship, but I still think the word “source” can be used appropriately in the context, with the greatest respect to my friend.

Littlemore: As in tomato.

Bench: Oh, come on.

In the interests of justice

 

The great tsunami of competition policy, legal profession reform and the dumping of restrictive bar practises has not quite washed over the unreconstructed types who inhabit the Victorian Court of Appeal.

I have unearthed some reasons of the court in a tax case where J.D. Phillips, Frank (Cab) Callaway and (Soapy) Stephen Charles are appalled by the modern trend in civil cases whereby senior counsel appear unaccompanied by juniors.

This growing evil has just got to stop and the traditional make-work schemes of the bar restored.

Callaway bristled:

“Mr Garratt QC appeared on his own to represent General Motors-Holden Automotive Ltd and the other appellants. I did not inquire as to the reasons for such a brief being offered or accepted and I make no criticism of counsel or his instructing solicitors…

More often (the interests of justice) are better served by briefing senior counsel with a junior, at a fee commensurate with the importance of the case and other factors…

Where two counsel are briefed the additional expense may be quite moderate, because the work can be shared and the two-thirds rule has been abolished.

The others endorsed this luscious sentiment. Phillips said:

“It is ordinarily desirable, at least on the civil side, that two counsel be briefed in a case such as this…”

And Soapy added his buttery tones of support:

“I also wish to associate myself with what has been written by Callaway JA ... on the question of briefing senior counsel with a junior.”

Bring back the glory days of the two counsel rule, when majestic silks could sweep unburdened along the boulevards while respectful juniors trundled along behind with the luggage.

Judicial bruising

 

It now emerges that Justice Mary-Jane Lawrie of the Family Court was just as much a Speedy Gonzales in the judgment writing department as Vince (Lenny) Bruce.

Languid Lawrie spread a four day child access hearing over six months and then spent another five months coming up with the decision, a process of 11 months as against 10 months for Lenny’s handling of the Maxwell murder case.

In the process Lawrie experimented by throwing a jacket at her face to see how much it hurt her chops.

A similar jacket had been hurled at the visage of the mother whose child was the subject of the access application.

“I was unable to cause any significant degree of discomfort even hitting the metal tags against my face,” the cement jowled judge explained.

Coming on top of the horribly unjust outcome courtesy of the Full Family Court in the Cedric Symonds costs appeal, Chief Justice Nicholson should take time off from shoving firecrackers up Decent Daryl Williams’ posterior, in order to concentrate on getting his rank and file into order.

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Editor Permission Required
You must have editing permission for this entry in order to post comments.