Lawyers Weekly Australia reports…
Although a recent High Court decision to appeal a family law matter after it found the personal relationship between a trial judge and a barrister “particularly troubling” may inform impartiality in ongoing cases moving forward, one lawyer is concerned that it will also affect wellbeing in the judiciary and remove critical support systems.
As a result of the relationship between Judge John Walters and Gillian Anderson that consisted of in-person meetings, phone calls and the exchange of “numerous” text messages, the Australian Law Reform Commission (ALRC) is considering reforming laws that govern impartiality within the courtroom. Although an important step for the justice system, it may be equally vital to consider how this will affect wellbeing.
Justice Family Lawyers principal lawyer Hayder Shkara said that any decision made around personal relationships between judges and barristers should “strike a balance” where judges feel supported enough to carry out their responsibilities in the courtroom and “simultaneously ensures impartiality” in any of their rulings.
