Eastlund (a pseudonym) v Westlake (a pseudonym)

This case involves a claim by Mr Eastlund (the plaintiff) against Ms Westlake (the defendant), who was a psychologist appointed as a family consultant in family law proceedings in the Federal Circuit Court of Australia. The plaintiff seeks damages for alleged professional negligence on the part of the defendant in relation to her role in those proceedings. The defendant contends that she is immune from suit by virtue of the Family Law Act 1975 (Cth) and has applied for summary judgment. The court was required to determine whether the defendant's immunity from suit was absolute and whether the plaintiff's claim was, therefore, doomed to fail.

The court found that the defendant was indeed immune from suit for her actions in performing her functions as a family consultant. The Family Law Act confers on family consultants the same immunity as judges in performing their functions, which includes immunity from suit for any judicial act done within jurisdiction. The court noted that the plaintiff's claim was exclusively concerned with the defendant's conduct in the preparation and provision of reports to the Federal Circuit Court, which fell within the scope of her functions as a family consultant. The court held that the lack of a cause of action was clearly demonstrated and that it was appropriate to exercise the court's summary jurisdiction to enter judgment in the defendant's favour.

The court made the following orders: (1) judgment for the defendant and (2) that the plaintiff pay the defendant’s costs. The court did not refer the matter to a higher court as the plaintiff's claim was doomed to fail and no higher court would have authority to overrule the legislation.