Victoria Shadow Attorney General Robert Clark

CHIEF JUSTICE WARNS ON COURT CRIME PRESSURES UNDER LABOR

Victor P Taffa

Victoria’s Chief Justice has given John Brumby a blunt warning that backlogs in Victoria’s highest court – the Court of Appeal – are getting worse, not better.

The warning is contained in the Supreme Court’s latest Annual Report, tabled in Parliament today, in which Chief Justice Marilyn Warren states:

‘…the volume of appeals has placed the Court of Appeal under even greater pressure than previously reported. … The situation has worsened in the reporting year…It is essential to the administration of justice in this state that [the court] be appropriately resourced in terms of judges, staff and facilities.’ (Supreme Court 2008-09 Annual Report, p.4)

“The Chief Justice’s warning is further evidence that Victoria’s justice system is struggling to cope with the growing wave of violent crime.” Shadow Attorney-General Robert Clark said today.

“Long delays are creating trauma and distress for ever-increasing numbers of victims and their families who sometimes wait years for appeals to be heard.”

“Attorney-General Rob Hulls is undermining public confidence in the justice system and failing to give courts the support they need, despite bringing almost every area of court administration under his department’s direct control.”

“The Attorney-General must ensure Victorian families get timely justice rather than wasting his time on undermining judges and damaging distractions like his so-called Charter of Human Rights and Responsibilities and blowing millions of taxpayers’ dollars on bungled court technology projects.” Mr Clark said.

The warning by the Chief Justice follows Productivity Commission data released in January showing Victoria’s Supreme Court has the longest criminal appeal waiting list in Australia, with 528 cases waiting to be heard in Victoria as at June last year compared with just 337 cases in June 2003. In comparison, the backlog of appeals in New South Wales fell from 242 to just 165 over the same period.

Western Australia Attorney General Christian Porter

New Chief Judge of the District Court of Western Australia

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Judge Peter Martino has been appointed the new Chief Judge of the District Court of Western Australia, replacing Chief Judge Antoinette Kennedy who will retire her commissions from July 1, 2010.

Attorney General Christian Porter today thanked Judge Kennedy for her dedicated services of more than 25 years on the bench and congratulated Judge Martino on the appointment.

Judge Martino will officially take up the post as of July 1 this year, but will act in the position from March 26 while Judge Kennedy takes leave.

“Judge Martino was appointed a Judge of the District Court in November 2000.” Mr Porter said.

“During his nine years on the bench he has demonstrated considerable legal acumen and an enormous capacity for judicial work.

“He is recognised as one of the leading lights on the District Court bench and has earned the admiration of his peers in the judiciary and members of the legal profession.

“As Chief Judge, he will be responsible for the overall management of the Court’s business and in providing leadership and direction for the Court’s members, an area he has particular strengths in.” Mr. Porter said.

“His demonstrated experience in law office management with a major law firm will stand him in good stead for fulfilling this role.”

Judge Martino was admitted into practice in 1978 and was initially employed as a solicitor with the firm of Stone James & Co (now Mallesons Stephen Jaques).

He became a partner of the firm in 1983, and administration partner in 1986 and managing partner from 1988 to 1990.

Judge Martino went to the Bar in 1991, where he practised extensively in the field of civil litigation, including in the areas of personal injuries, insurance, trade practices, professional negligence, corporations and insolvency.

Prior to his appointment as a Judge, he was a part-time Commissioner of the Commonwealth Human Rights and Equal Opportunity Commission, a Commissioner of the District Court and Vice President of the Law Society of WA.

“I wish Chief Judge Kennedy the very best in her future endeavours and welcome Judge Martino to what promises to be a very challenging and rewarding role.” Mr Porter said.

Western Australia Attorney General Christian Porter

New judge of the Supreme Court of Western Australia

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Barrister Michael Corboy SC has been appointed a Judge of the Supreme Court of Western Australia, replacing the Hon Justice Christine Wheeler who retires from the court on March 2, 2010.

Announcing the appointment today, Attorney General Christian Porter said Mr Corboy would commence his appointment on April 19, 2010.

Mr Corboy graduated from The University of Western Australia with an economics degree in 1973.

After lecturing in economics at Curtin University of Technology and working as a research associate and tutor at the University of Edinburgh in Scotland, Mr Corboy graduated in 1980 from The University of Western Australia with a Bachelor of Jurisprudence (Hons.) and a Bachelor of Laws.

He was admitted to practice in 1980 and commenced his Articles at Warren McDonald French and Harrison (now Norton Rose Australia) with Robert French (now Chief Justice French of the High Court).

Mr Corboy became a partner of the firm in 1982 and practised in criminal law and civil litigation before joining Stone James (now Mallesons Stephen Jaques), becoming a partner in 1987.

In 1993, Mr Corboy was elected to the National Board of Partners and became head of the Perth litigation group.

“Mr Corboy has diverse commercial litigation practice and from 1990 to 1993 he advised on, and appeared in, various criminal and confiscation proceedings arising out of the Special Investigation into the affairs of Rothwells Ltd.” Mr Porter said.

In 1996, Mr Corboy joined the Independent Bar practising out of Francis Burt Chambers, primarily in the field of commercial litigation.  For many years he has appeared for the liquidator in the Bell Group v Westpac Banking matter.

“Mr Corboy has taken an active role as a member of the Bar Council and the Board of WA Bar Chambers where he was elected chairman from 2006 to 2009.” the Attorney General said.

“He is currently deputy chairman of the Legal Practitioners’ Complaints Committee, having been a member of the committee since 2002. He was also a member of the Law Society Ethics Committee from 1986 to 2008 and was the convenor of the committee for seven years.

“I congratulate Mr Corboy on his appointment.”

Western Australia Attorney General Christian Porter

New Judge for the District Court of Western Australia

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Mr. John Gerard Staude has been appointed a Judge of the District Court of Western Australia, replacing Judge Robert Mazza who has moved to the Supreme Court of WA.

 Announcing the appointment today, Attorney General Christian Porter said Mr. Staude had experience in both criminal and civil law, particularly commercial and insurance litigation.

 “Mr. Staude brings 28 years experience to the position of Judge of the District Court,” Mr. Porter said.

As a graduate of The University of Western Australia, with a Bachelor of Jurisprudence in 1981 and a Bachelor of Laws in 1982, he started his career at the law firm Talbot & Olivier and was admitted to practice in December 1982. In 1985 he became an associate of the firm and joined the partnership in 1986.

Mr. Staude initially practised mainly as a criminal lawyer appearing in the Court of Petty Sessions, the District and Supreme courts, and the Court of Criminal Appeal.

Mr Staude was appointed to the legal panel of the State Government Insurance Commission in 1988 to defend motor vehicle third party claims, and in 1994 he established a sole practice covering mainly insurance-related litigation instructed by the Insurance Commission, Law Mutual, Municipal Liability Scheme and others.

In 2002 Mr Staude joined the Independent Bar, practising out of Francis Burt Chambers, specialising in civil and commercial litigation in the area of personal injury and insurance cases.

Mr Staude acted as Counsel Assisting the Inquiry into the City of Joondalup in 2004-2005 and served as a Commissioner of the District Court in 2008.

“Mr. Staude is an active member of the Law Society of WA and is currently a member of the Professional Indemnity Insurance Management Committee,” the Attorney General said.

“He is also a member of the WA Bar Association and other organisations and he has presented a number of papers at insurance related conferences.

“Importantly, he has contributed to the education of the legal profession by participating in a number of the Law Society’s Continuing Legal Education seminars.

“His expertise is respected throughout the legal community and I wish him well in the new post.”

Mr. Staude will commence the appointment on March 8, 2010.

Western Australia Attorney General Christian Porter

New Judge for the Supreme Court

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Judge Robert Mazza has been appointed a Judge of the Supreme Court of Western Australia, replacing the Hon. Justice Geoffrey Miller who retired on December 11, 2009.

Judge Mazza will commence his appointment on March 8, and sit in the General Division of the Court after leaving his post of six years as a Judge of the District Court of WA.

Attorney General Christian Porter said Judge Mazza would bring a wealth of experience to the role, particularly in the areas of civil litigation and criminal law.

“Judge Mazza is a highly regarded and most capable judge, who is greatly respected among his peers.” Mr Porter said.

Mr Mazza obtained a law degree from The University of Western Australia before being admitted to practice in 1981.

 He worked in private practice for the first 16 years of his career, including establishing the firm Mazza & Mazza with his late father in 1997.

 After 1997, he practised almost exclusively as a criminal lawyer, predominantly for the defence, but undertook a number of prosecutions on behalf of the State.

Judge Mazza also appeared as counsel in matters before the Legal Practitioners Disciplinary Tribunal, the Dental Board, the Racing Appeals Tribunal and the Migration Review Tribunal.

He also represented individuals at hearings before the National Crime Authority, the Anti-Corruption Commission and the Police Royal Commission.

At the time of his appointment to the District Court in 2004 he was a deputy president of the Equal Opportunity Tribunal.

He has also served on a number of Law Society committees and has been actively involved in promoting greater understanding of the needs of people with intellectual disabilities when charged with criminal offences.

“Judge Mazza is perfectly suited as a Judge of the Supreme Court and more than capable of the challenges the new role will bring. I congratulate him on his appointment.” the Attorney General said.