Law in Context

Episode 23 - Should you be able to sue the judge?


Listen Later

Send us a text message with feedback

For centuries there have been restrictions on suing a judge who has heard your case if you think they got it badly wrong.  You could appeal against the decision or, in theory, petition the legislature to remove the judge.  But you couldn't normally sue the judge for damages.  There were some exceptions to this rule but these have been removed in Australia in a recent case that went all the way to the High Court.

This episode discusses The State of Queensland v Stradford (2025) and the arguments either way for giving judges an immunity from being sued and whether there could be a compromise position, perhaps involving insurance, so that the victims of gross judicial negligence and not left effectively without a remedy.

For more information about your dashing hosts and the Law in Context podcast series visit our website at About - Law in Context

...more
View all episodesView all episodes
Download on the App Store

Law in ContextBy Emeritus Professor Stephen Bottomley and Emeritus Professor Stephen Parker AO