UPDATE ON PLANNED CLASS ACTION
I recently had the opportunity to speak with the wonderful Netta Finney from thewire.org.au about some of the key legal issues in the planned class action against the Family Court and other defendants. We discussed some of the precedents we intend to challenge and overturn including the most damaging one set by the High Court in 2012 which said even if the conduct of Legal Aid lawyers was wrongful, malicious, incompetent and dishonest, and led to someone wrongly being jailed, Legal Aid lawyers could continue to benefit from blanket immunity in the face of intentional wrongdoing.
These are draconian legal principles stemming from the 16th century that provide the cloak for the current systemic abuse in the courts by legal professionals and experts who have benefited to the tune of billions of dollars at the expense of vulnerable families and children. You can listen to the audio of our conversation by visiting https://lnkd.in/giMbHmGT
Please note that prior to my interview is a recording with a mum with lived experience who courageously agreed to be interviewed. Please note that these are her own personal views and lived experiences. My interview is the last 7 minutes of the interview.
Thanks to The Wire for this interview and for other trailblazing public interest reporting including an earlier interview with Janine Rees on how Australia's family court is failing domestic violence survivors.
Regarding the planned class action, we are currently in the process of short-listing suitable legal representation, exploring the best ways to structure the action, identifying the defendants and the articulation of the legal grounds.
Given the breadth of issues, seriousness of the harm, and obvious commonalities among the affected class, a series of class actions might be necessary.
For those eager to initiate a class action yourself, I firmly continue to encourage multiple actions as they can bring about change and they will help to raise public and judicial awareness of these issues. For an example of how this can be effective refer to the series of recent “modern stolen generation” class actions.
If finding a law firm "fit for purpose" proves too challenging, as law firms are part of the problem and benefit enormously from the status quo, we are exploring other options.
The reality is clear: the system itself (including the key players) poses serious risks of harm to children and families, a sentiment echoed by the former Chief Justice in calling for a Royal Commission into Family Law.
In my view, relying on such a flawed system to assist victims is, frankly, like lambs asking the wolf for help.
The current call to pour more taxpayer money into current players with ZERO accountability means the existing grave systemic problems will be greatly entrenched, creating more cronies with a self-interest in preserving the status quo. It is a wonder that despite all the expert symposia we see NO CHANGE for victims?
