The law and its miracles ... Party allies selected for judicial elevation in Qld ... Justice Jenni Hill's brother ... More entries for the Golden Tortoise award ... Federal Court muddles the maths, again ... Theodora reports ... Read more >>
Rupert World ... Lord Moloch’s pal Doug the Diva – driving Washington spare … News UK’s model for unionism … What next for the Washington Post? … Concealed coal lobbyists running an anti-Teal campaign … More corruption busting for Stinging Nettle … The litigation industry spawned by Lehrmann ... Read on >>
Party time for Dicey ... Heydon's book - a pathway to rehabilitation ... The predatory man and the clever intellect - all wrapped up in the one person ... Academic tome and cancel agenda ... Despite the plaudits the record of abuse doesn't vanish ... Book launch with young associates at a safe distance ... Procrustes thinks out loud ... Read more >>
Being a lawyer can be sheer misery ... Psychological distress ... Workplace incivility ... Lack of support ... Rotten culture ... Report on wellbeing ... More >>
Governance turmoil at Tiny Town Law Society ... Night of the long knives ... Lakeside in Canberra ... ACT Law Society upheaval over governance changes ... Bodies carted out of the council room ... Blood on the carpet ... Fraught litigation another distraction ... From Gang Gang ... Read more >>
Letter from Rome ... Judges on strike ... Too much "reform" ... Berlusconi legacy ... Referendum on the way ... Constitutional court inflames the Meloni regime with decision on boat people ... Insults galore ... Silvana Olivetti reports ... Read more >>
Tea is for Tippy ... Life of a tiffstaff ... Bright, ambitious and, when it comes to the crucial things, hopeless ... Milking the glory of the gig ... Introducing Tippy, our new blogger filing from within the concrete cage at Queens Square ... From Justinian's Archive, March 15, 2010 ... Read more >>
Justinian's archive
Tulkinghorn • Tuesday, April 22, 2014 Lawyers and the complexity of litigation ... Delay as a defence tactic ... Access to justice includes preventing access to justice ... Reprising the Flower & Hart saga with starring role by Ian Callinan QC ... Abuse of process ... Queensland CJ declined to intervene ... Tulkinghorn on the case
Tulkinghorn • Monday, December 16, 2013 Judges still able to sue for swimming pool or kitchen remodelling payouts ... Public choice theory ... Pursuit of judicial self-interest ... Employing relatives and friends as associates ... Hearing bias applications ... Pension benefits ... Judges declare that they should be able to sue for defamation damages ... Tulkinghorn on the case
Judicial bias, Judicial self-interest Tulkinghorn • Monday, July 15, 2013
Updated on Wednesday, July 17, 2013 by
Justinian
Cracked trials ... Last minute change of plea from guilty to not guilty ... Consequences for the financial interests of lawyers ... Judges know about lawyers' financially driven shenanigans, but they keep shtum ... Tulkinghorn on how the system is mulcted
Tulkinghorn • Monday, May 20, 2013 The personal injury racket ... The no win, no fee racket ... The after-the-event insurance racket ... The unauthorised practice of law racket ... Tulkinghorn examines the meaty bone and its associated lawyer rackets
Tulkinghorn • Monday, March 18, 2013 The fusion that dares not speak its name ... How many lawyers does it take ...? ... Solicitors and barristers - differences ... Supreme Court decisions on legal aid rulings in Victoria show the extent of the barristers-judges fusion ... Tulkinghorn explains
Barristers, Fusion, Legal aid, Legal profession, Solicitors Tulkinghorn • Friday, February 8, 2013 Trial process trumps the search for truth ... Jurors promise to give a true verdict ... Lawyers and judges don't have to make promises about the "truth" ... The Theodora Dallas case and online research by jurors ... The confines of the adversarial criminal justice system ... Tulkinghorn opines
Adversarial system, Contempt, Juries, Jury research Tulkinghorn • Monday, January 14, 2013 Pre-trial preventive detention? ... Let's call it "refusal of bail" ... How can someone commit "further offences" when none have been proved to start with? ... Tulkinghorn examines NSW's proposed new Bail Act ... Conflict of values
Bail, Preventative detention Tulkinghorn • Monday, November 5, 2012 Tulkinghorn on competing civil litigation regimes ... The obstacle course regime involves truth-obscuring complexity and requires lots of money ... The shallow pockets version offers tribunals that seek to skip complexity ... The more obstacles, the more lawyers are "worth"
Complexity, Litigation Tulkinghorn • Friday, September 14, 2012 Justice Virginia Bell on rhetorical devices and barristering ... It seems to be a male thing ... Distractions from the truth ... Tulkinghorn asks, where would the bar be without bad rhetoric?
Jack Balkin, Justice Virginia Bell, The Simpsons Tulkinghorn • Wednesday, August 15, 2012 In another world it might be fraud to charge for something you know is not owing ... For lawyers overcharging morphs into acceptable professional conduct ... For non-lawyers "overcharging" results in jail time ... Tulkinghorn explains
Tulkinghorn • Wednesday, July 11, 2012 Regular "reform" prevents there being any ... Pleadings and the generation of highly profitable crap ... How to make procedural rules better (i.e. worse) ... Tulkinghorn on the reform caper
Civil law reform, Law reform, Pleadings, Woolf reforms Tulkinghorn • Thursday, March 15, 2012 Judges from the ranks of successful lawyers ... Poachers are warned not to turn gamekeepers ... Wolves in sheeps' clothing ... The usual (unusual) rule ... Judges propping-up the fees grab ... What lawyer said: "Frankly, the pursuit of money by the legal profession came to disgust me"? ... Tulkinghorn probes
Civil law, David Bennett, Judges, Legal fees, Overcharging Tulkinghorn • Tuesday, January 17, 2012 "Reform" of legal fees - four centuries of chicanery ... Tulkinghorn awards prizes for "reforms" that increase legal costs ... Jacking-up revenue by replacing "necessary or proper" costs with "fair and reasonable" costs ... Looks like the Circumlocution Office has got hold of the Marfording Report
Access of Justice, Legal fees, Marfording Report, Reform Tulkinghorn • Monday, November 28, 2011 Judges and their reasoning ... Politics and precedent ... How judges use reasons as window dressing ... Tulkinghorn explores those extralegal criteria
French CJ, Judicial reasoning, Malaysia Solution Tulkinghorn • Wednesday, August 31, 2011 Large law firms prime candidates for deregulation ... The big corporate question: stay in-house or go external? ... Getting millions of dollars of legal work done for $150,000 ... Tulkinghorn thinks large law firms are less ethical than small ones
Law firms, Professional ethics Tulkinghorn • Friday, July 15, 2011 Lawyers swarm all over and colonise areas of non-law ... Once an area has been lawyerised there is no turning back ... The hijacking of politics by the courts ... Women judges more compassionate than men in asylum cases? ... Tulkinghorn examines the creation of immigration "law"
Tulkinghorn • Monday, June 13, 2011 Legal complexity and reasonable fees: can they co-exist? ... Tulkinghorn examines the notion that in order for trials to be fair, they have to be complicated ... When you hear lawyers and legislators proclaiming the virtues of plain English and simplification - don't believe them
Complexity, Plain English Tulkinghorn • Saturday, April 23, 2011 An over abundance of lawyers does not reduce fat cats' fees ... Anti-competitive rules disguised as ethical principles ... Why are conditional fees banned in criminal cases? ... They're not entirely ... Lionel Murphy and Freehills ... Tulkinghorn explores
Conditional fees, Ethics, No win no pay Tulkinghorn • Monday, March 21, 2011 The legal profession and the judges are superb at propaganda and the maintenance of a cartel ... Propagation of notions that bear no relationship to reality ... Should the statue of justice wear a blindfold or not? ... Take your pick ... Tulkinghorn reports
Deceptions, Legal profession Tulkinghorn • Wednesday, February 9, 2011 Systematic judicial bias in favour of the legal profession ... Prof. Benjamin Barton's latest sally ... Ordinary citizens see what's going on ... Lawyers don't ... Accountants sent to jail for doing the same thing lawyers do with impunity ... Tulkinghorn flings down some burning oil
Judicial bias 