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Key Points
- A High Court outcome has effectively ruled that judges cannot be sued for making a mistake.
- A man was sentenced to six months jail when a judge wrongly believed another judge had found the man in contempt.
- In their judgment, the judges noted the purpose of immunity is the same for judges of all courts.
Judge Vasta’s lawyers argued in the High Court last August that an “inferior court” should be afforded no less judicial immunity than a superior court judge.
“As Judge Vasta purported to perform such a function in convicting and sentencing Mr Stradford, he was not liable to Mr Stradford for false imprisonment.”
The judges noted Mr Stradford’s time in custody was “distressing”.
Judge Salvatore Vasta (pictured) was being sued by a man who was wrongfully jailed during a family property dispute. Source: AAP / Tony Phillips
“He witnessed and was subjected to acts of violence. He experienced suicidal thoughts,” the judges wrote.
In their judgment, the judges noted the purpose of immunity is the same for judges of all courts.
In February 2019, the Full Court of the Family Court overturned the sentence.
In allowing the appeals, the High Court set aside Justice Wigney’s decision and dismissed Mr Stradford’s proceedings.
