SEARCH
Justinian News

Fresh blood for the NSW District Court ... Appointments >> 

Politics Media Law Society

The Empire Strikes Back ... Uday Moloch anointed to “protect the English speaking world” … Latest word on “genocide” … Bring out the No-Doz – The Mad Monk scribbles for Substack … Church litigation – a new front to be tested by victims of predatory priests ... Read more >> 

Celebrity Sue Chrysanthou on cancel culture

Free Newsletter
Justinian Columnists

Know one, purl one ... Iron Lady of legal rectitude endorses Gageler ... The chief justice wants judges on the straight and narrow ... The cardboard cutout model of legislative supremacy ... The evils of judicial activism ... Procrustes on the dance floor with the Legislative-Judicial Foxtrot ... Read more >> 

Blow the whistle

 

News snips ...


50th anniversary of the Dismissal ... Panel sessions ... November 11, 2025 ... Old Parliament House Canberra ... More >>

Justinian's Bloggers

Berlusconi's dream world ... Revenge politics in Italy ... Independence of prosecutors under attack ... Constitutional assault ... The years of lead ... Investigations reopened into old murders ... High drama at Milan's Leoncavallo ... Rome correspondent Silvana Olivetti reports ... Read more >> 

"I think very good. And by the way, right there, you see all the trucks, they just started construction of the new ballroom for the White House, which is something they've been trying to get, as you know, for about 150 years, and it's going to be a beauty. It'll be an absolutely magnificent structure. And I just see all the trucks. We just started so it'll get done very nicely and it'll be one of the best anywhere in the world, actually. Thank you very much." 

President Trump, asked by a reporter at the White House how he was holding up personally after the loss of his friend Charlie Kirk ... September 11, 2025 ... Read more flatulence ... 


Justinian Featurettes

Schmoozing and betrayal ... Judge Water Softener rides into Integrityville mounted high on his horse ... Judicial review of corruption finding ... Intriguing submissions ... Unprecedented assistance to morals monitor ... The scale of the sub-rosa intrigue ... Plenty to think about ... Ginger Snatch reports ... Read more >> 

Justinian's archive

The plague of amnesia ... Memory and its failures ... Remembering to forget things ... Failure to take account of remissions in sentencing ... Relevant memories of experienced and inexperience judges ... An experienced judge writes ... Justinian's Archive, November 12, 2004 ... Read more >> 


 

 

« A place in the community | Main | Shakespeare on refugees »
Wednesday
May182016

That's not funny

Appearing before the gods of the bench ... Dire warning about flippancy in court ... Correctly reading the judicial temperament ... Traps for young players ... Junior Junior on adjournment techniques 

BARRISTERS love to give advice to junior juniors. 

This is obviously a good thing; a full account of my legal knowledge and experience could be written on the back of an envelope.

One piece of advice I received early on has stuck with me. I was told: don't be flippant.

Flippant remarks, sarcastic banter, and other attempts to draw laughs from the cheap seats are not to be made in court. Court is a sacrosanct place where one must treat the judge like a god.

Of course, not all judges are the same.

Some are the Old Testament God, angry and difficult to appease. Barristers are habitually turned to pillars of salt, leading to gnashing of teeth and emptying of the chambers' drinks fridge.

Others are the New Testament God. A nose for justice, but fail to follow this judge's lead and your client could face eternal damnation. 

A few judges are Dionysus, the Greek god of wine. They appear to be listening to you, but are actually day-dreaming about golf and boutique pinot noir. Try to keep your submissions short.

There is at least one Jupiter, king of the Roman gods. He fights your case, fights your opponent's case, then writes a judgment that downs you both.

Finally, some judges are atheists. They do not believe in a higher authority, and scoff when you suggest that they are bound by one. Chaos and panic ordinarily ensues.

Whatever god one is appearing before, I am fast learning that care must be taken not to overstep the mark. Of course, for every rule there are exceptions. One such occurred recently before the New Testament God, ruler of the living and the dead, who was presiding over His holy list on Hospital Road.

It was a particularly busy list, and one hapless sole (we shall call him Job) had clearly been thrown under the proverbial bus by a colleague. Job had only held the brief for a matter of minutes before being shuttled off to face judgment. Presumably, the instructions he'd been given were to the effect of, "It's a simple matter, you shouldn't have any problems, just get it adjourned". 

Any junior junior that hears those words immediately thinks of Admiral Ackbar's immortal phrase: It's a trap!

After some minutes of judicial battering, the judge informed young Job of Ill Fortune in no uncertain terms of his great displeasure. 

"This is wholly unsatisfactory. You don't appear to have any knowledge of the history of this matter, or indeed have any idea what this case is about. Perhaps the barrister with carriage should appear in person next time."

Job avoided a grimace, and instead cracked a smile.

"Your Honour, this is what is colloquially referred to as a 'Hospital Road pass'."

Those in the gallery waited for Job to be turned into a pillar of salt, but His Holiness instead laughed. "You should have opened with that. I would have given you the adjournment."

Oh ye, of little faith. Here endeth the lesson.

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Member Account Required
You must have a member account on this website in order to post comments. Log in to your account to enable posting.