Judge slams ‘unwilling’ colleague for three-year delay

afr.com:

Federal Court judge Ian Jackman has made an unprecedented attack on a colleague who failed to deliver a judgment after almost three years, slamming her “inability” and “unwillingness” to do her job.

Justice Jackman said Justice Kathleen Farrell had offered “no acceptable reason” for not finishing the case – a dispute over a foreign student program – before she leaves the court on August 1.

Federal Court justices Ian Jackman and Kathleen Farrell. 

“As the evidence indicates, Farrell J has not suffered a protracted illness or otherwise become unable to continue with, or to give judgment in, the proceedings,” Justice Jackman wrote.

He said Chief Justice Debra Mortimer had apologised to the parties involved and had invited them to apply for a costs certificate.

However, the ferocity of Justice Jackman’s rebuke took the chief justice by surprise when his judgment was published on Friday morning.

The Australian Financial Review understands the chief justice sent an email to all judges later in the day which acknowledged that judges were independent but asked for restraint. It noted the importance of timely judgments, but also the benefits of collegiality.

Justice Farrell is a former partner at Herbert Smith Freehills who was president of the Takeovers Panel when she was appointed to the Federal Court in 2012. She has long had a reputation as a “slow” judge, and Justice Jackman noted she “is not one to rush to judgment”.

Justice Jackman, who is the brother of actor Hugh Jackman, only joined the court in December after almost 30 years as a barrister.

Numerous cases have been reassigned since Justice Farrell gave notice she was taking early retirement and leaving in June, but Justice Jackman is the first to publicly complain.

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