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Decision of the Full Court of the Federal Court in Flower & Hart v White Industries.



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News Release

The Hon Daryl Williams, AM QC MP

Attorney-General

 

577

11 June 1999

 

DECISION OF THE FULL COURT OF THE FEDERAL COURT IN

FLOWER & HART v WHITE INDUSTRIES

 

The Full Court of the Federal Court of Australia has today handed down its judgement in the appeal, Flower & Hart v White Industries (Qld) Pty Ltd, from the earlier decision of Justice Goldberg

 

The Full Court held that the findings of Justice Goldberg as to any purpose Mr Callinan QC (as his Honour then was) had were irrelevant to the decision in that case.

 

The Full Court stated that "Mr Callinan's subjective and uncommunicated state of mind could have no relevance to any issue."

 

1 have carefully considered the issues raised in relation to Justice Callinan in the reasons for judgment of both Justice Goldberg and the Full Court.

 

I have taken into account the suggestions previously made by the executive of the Law Council of Australia and the calls by the opposition parties that there should be an inquiry.

 

I conclude again, that on the information available, no inquiry into the conduct of the judge is warranted.

 

As I have previously stated, any inquiry into the conduct of a judge is a serious matter. It should only occur once there is a clearly demonstrated basis for it.

 

An inquiry held inappropriately can endanger the independence of the judiciary, damage the standing of the courts and do harm to an individual judge.

 

Media contact:  Nicholas Harford 0419423965

 

 

lk  1999-06-16  10:54