Man wins $300k damages in historic case against judge
A father of two who was jailed for contempt of court by federal judge Salvatore Vasta during a divorce case has been awarded $309,450 in damages – the first time a judge has been successfully sued in Australia.
Justice Michael Wigney of the Federal Court ruled on Wednesday that liability for the “gross miscarriage of justice” should be shared by Judge Vasta, the Commonwealth and Queensland.
Judge Salvatore Vasta told Mr Stradford: “I hope you brought your toothbrush.”
He said Judge Vasta “denied the applicant any modicum of procedural fairness or natural justice” in what he called “a parody of a court hearing”.
“He effectively pre-judged the outcome,” Justice Wigney said. “Imprisonment was a fait accompli.”
Judge Vasta, of the Federal Circuit Court, sentenced Mr Stradford (a pseudonym) to 12 months for contempt in December 2018 over a supposed failure to provide details of his betting accounts during a property dispute with his ex-wife.
At one point, the judge said: “I hope you brought your toothbrush.” Justice Wigney called this a “well-worn cliche”.
The man spent seven days in police custody and prison before the order was stayed pending an appeal. It was overturned by the Family Court, which called Judge Vasta’s conduct of the case an “affront to justice”.
Mr Stradford sought $2.5 million, claiming to have been so traumatised by his time in custody that he could no longer work more than 20 hours a week.
Justice Michael Wigney: “No lawful justification for the applicant’s imprisonment.”
Judge Vasta conceded he made a mistake in thinking another judge had already found Mr Stradford guilty of contempt for not providing information in a property settlement dispute, when the judge had only referred the matter back to
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