Re Magistrate Francine Walter; Ex Parte Tull

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RE MAGISTRATE FRANCINE WALTER; EX PARTE TULL [2016] WASC 271



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2016] WASC 271
Case No:CIV:2091/201622 AUGUST 2016
Coram:BANKS-SMITH J25/08/16
8Judgment Part:1 of 1
Result: Leave to file writ refused
B
PDF Version
Parties:ROGER WILLIAM TULL

Catchwords:

Practice and procedure
Application for leave to issue proceedings
Judicial immunity
Chief Judge Family Court of Western Australia
Family law magistrate

Legislation:

Family Court Act 1975 (WA)
Family Court Act 1997 (WA), s 5, s 10
Family Law Act 1975 (Cth), s 4(1)(ca), s 39(6), s 39(7), s 41(3), s 69J, s 79A
Jurisdiction of Courts (Family Law) Act 2006 (Cth)
Magistrates Court Act 2004 (WA), s 6, s 37
Rules of the Supreme Court 1971 (WA), O 67 r 5

Case References:

Barkla v Justice David Wallace Newnes [2015] WASCA 120
D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1
Eckett & Eckett [2010] FamCAFC 39
Fingleton v The Queen [2005] HCA 34; (2005) 227 CLR 166
Jones v Skyring [1992] HCA 39; (1992) 109 ALR 303
Lamond v Southgate [2013] FCWA 77
Ninan v Judge Newnes & Judge Murphy [2015] WASC 98
Re City of Stirling; Ex parte Tallott [2012] WASC 33
Thompson v Thackray [2014] WASC 462
Walton v Gardiner (1993) 177 CLR 378


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CIVIL
CITATION : RE MAGISTRATE FRANCINE WALTER; EX PARTE TULL [2016] WASC 271 CORAM : BANKS-SMITH J HEARD : 22 AUGUST 2016 DELIVERED : 25 AUGUST 2016 FILE NO/S : CIV 2091 of 2016 MATTER : Leave to issue proceedings against Magistrate Francine Walter and the Honourable Justice Thackray of the Family Court of Western Australia under O 67 r 5 of the Rules of the Supreme Court 1971 (WA) EX PARTE

    ROGER WILLIAM TULL
    Applicant

Catchwords:

Practice and procedure - Application for leave to issue proceedings - Judicial immunity - Chief Judge Family Court of Western Australia - Family law magistrate

Legislation:

Family Court Act 1975 (WA)


Family Court Act 1997 (WA), s 5, s 10
Family Law Act 1975 (Cth), s 4(1)(ca), s 39(6), s 39(7), s 41(3), s 69J, s 79A
Jurisdiction of Courts (Family Law) Act 2006 (Cth)
Magistrates Court Act 2004 (WA), s 6, s 37
Rules of the Supreme Court 1971 (WA), O 67 r 5

Result:

Leave to file writ refused


Category: B


Representation:

Counsel:


    Applicant : In person

Solicitors:

    Applicant : In person



Case(s) referred to in judgment(s):

Barkla v Justice David Wallace Newnes [2015] WASCA 120
D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1
Eckett & Eckett [2010] FamCAFC 39
Fingleton v The Queen [2005] HCA 34; (2005) 227 CLR 166
Jones v Skyring [1992] HCA 39; (1992) 109 ALR 303
Lamond v Southgate [2013] FCWA 77
Ninan v Judge Newnes & Judge Murphy [2015] WASC 98
Re City of Stirling; Ex parte Tallott [2012] WASC…
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Details
Case
[2016] WASC 271
Decision Date

CaseChat Overview and Summary

The application for leave to issue proceedings was brought against Magistrate Francine Walter, the Chief Judge of the Family Court of Western Australia, by Tull. Tull sought to challenge the Chief Judge’s decision not to disclose certain documents. The application was considered by the Supreme Court of Western Australia. The central issue in the case was whether the Chief Judge of the Family Court of Western Australia enjoys judicial immunity from legal action in relation to her decisions made in the performance of her judicial duties. The court had to determine whether the Chief Judge was immune from legal proceedings regarding the refusal to disclose documents, which was part of her administrative functions.

The court examined the principles of judicial immunity and the scope of the immunity afforded to judges. It considered whether the Chief Judge’s actions were judicial in nature or whether they fell within the realm of administrative duties, which could potentially be subject to legal scrutiny. The court concluded that the Chief Judge's decision not to disclose documents related to her administrative role rather than her judicial functions. However, the court held that the Chief Judge was still entitled to judicial immunity for her decision due to the integral link between the decision and her judicial role. Consequently, the application for leave to issue proceedings against the Chief Judge was refused, as the court found that the Chief Judge's decision was protected by judicial immunity.

Orders

Orders of the court

Leave to file writ refused

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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