Silence is leaden

ACT damages verdict at least two-and-a-half years overdue ... No response from Canberra bar or Supremes to counsel's multiple notices under delayed judgment protocol ... Writ of mandamus heading to the High Court 

There is more troubling news from the bush capital. 

The reserved judgment protocol between bar and bench in the ACT appears to have broken an axel. 

The normal arrangement is that after three months without a judgment the prez of the local Bar 'n' Grill, on the prompting of counsel in the case, writes to the chief justice to ask what's up. 

The CJ then has a quiet word to the judge and is supposed to elicit a likely date for delivery of the judgment. 

Lawyers for a plaintiff in a case before Justice Richard Refshauge, which commenced three-and-a-half years ago, have sent five notices to the ACT bar under the protocol seeking an indication of a delivery date. 

So far there has been no reply from the bar, the CJ or the judge. 

The case simply requires an assessment of damages for the victim of a rear-end motor vehicle accident. 

Liability is not an issue. 

Allowing a reasonable six months for delivery of the verdict from the time the hearing concluded means the judgment has been dragging the chain for more than 30 months. 

Despite the five notices to the ACT bar for a nudge from the CJ, silence has prevailed. 

In the meantime, the plaintiff's depression and general aggravation gets no better. 

So upsetting is the situation that counsel's advice has been sought about going down the road with a writ of mandamus to the High Court. 

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It's not as though Refshauge is lazy or incompetent. It seems the problem is he has difficulty arriving at a decision and he's bogged down with reserved judgments. 

One solicitor says he has five commercial matters waiting for over 18-months for a judgment from Roughshagger.  

It was curious to see Canberra bar bigwig John Purnell complaining about court delays in a recent instalment of the bar's spruik-sheet.  

He said silken ones visiting the ACT find the case backlog "unbelievable". 

Fair enough. But it seems clear that the bar's management of the reserved judgment protocol also requires the application of a bit of ginger.