Search
This area does not yet contain any content.
Justinian News

Sore bottoms on the bench ... Birchings for judgments that went askew ... Appeal reasons from higher up the food chain ... FCA judge finds that a commercial loss is really a bargain ... Trauma at the Tribunal ... Theodora reports ... Read more >> 

Politics Media Law Society


Pressing matters ... The media edition … Press gangs of Sydney … Turmoil in the newsrooms … Commercial newspapers and TV on their last legs … Moloch's people infiltrating everywhere … Medals for prize journalists … Streaming services – the new snails on the block ... Read on ... 

This area does not yet contain any content.
Free Newsletter
Justinian Columnists

Election muddling ... Mounting frenzy ... Democrats produce a Black Swan moment ... Trump's own goals ... Australia's most toxic export ... Murdoch - the man who gave us Trump ... Plans for a new "steal" campaign ... Republican judges  meddling in the election ... Roger Fitch files from Washington ... Read more >> 

Blow the whistle

 

News snips ...


26 clamber abour the silk wagon in NSW ... More >>

Justinian's Bloggers

Postcard from London ... Watching Starmer mince the sausages ... How to move a file from the inactive list ... Court's failed email notification system ...Sleep monitors want to measure the extent of lawyers' restfulness ... Floyd Alexander-Hunt reporting from London ... Read more >> 

"I used to live in Glebe and, as a young person, went to protests against cuts to the ABC, so I am horrified to have to go into battle with them. It is personally deeply upsetting that an institution I regard so highly is a constant opponent.

Defamation lawyer Rebekah Giles, who acted for OnlyFans star Heston Russell against the ABC and collected $390,00 in damages plus costs. The Sydney Morning Herald's CBD column, September 19, 2024 ... Read more flatulence ... 


Justinian Featurettes

Tootsies with Planet Janet ... Water Softener and the Planet ... Further details of the width and depth of their relationship ... Chief Justice of the ACT grants Justinian's application for access to more documents ... A barrage of text messages and phone calls throughout the Drumgold investigation ... Collated reporting ... More on Sofronoff and Albrechtsen ... Read more ... 


Justinian's archive

Heydon, Albrechtsen and Meagher ... Albrechting ... Journalists believed Janet Albrechtsen would be an associate to Dyson Heydon on High ... Sadly, not so ... More arch remarks from the authors of Meagher, Gummow & Lehane’s Equity Doctrines & Remedies (4th edition) ... From Justinian's Archive, March 6, 2003 ... 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.