On Wednesday the 30th of August, the Federal Court found that Judge Salvatore Vasta made numerous errors by going beyond the jurisdiction and engaging in what was called a “gross and irregularity of procedure”. This is a result of Judge Vasta holding a man, known only by his pseudonym Mr Stradford, in contempt in late 2018.
This is a case that has changed Australian judicial history as a judge has never been sued in their personal capacity for a determination they made sitting on the bench. The original case pertained a property division between a divorced couple who were both unrepresented. In a property division case, both parties are required to make full and frank disclosure of all liabilities and assets so that a split of their property can be made in a way that is just and equitable. Judge Vasta is said to have thought that the ex-husband, Mr Stradford, was not being honest regarding his financial situation and not providing full and frank disclosure of his documents. Mr Stradford had outlined that he was trying his best to do so, but that certain people and organisations would not give him the documentation he was requesting. Judge Vasta warned Mr Stradford that if the documents were not presented that he would deal with the matter by way of contempt. Holding an individual in contempt is a power that courts have when it is considered that an individual has broken the law by disobeying or disrespecting the judge or court procedure – a power reserved the most serious situations.
It was found that Judge Vasta told Mr. Stradford to “bring your toothbrush”; in other words, he had already made up his mind about whether Mr Stradford would be held in contempt prior to conducting the necessary hearing. He was sentenced to 12 months for contempt of court, to be suspended after 6 months. He was taken from the court, transferred to the prison system and was allegedly threatened in the van on the way there.
The court found that because Judge Vasta acted outside of the powers he had as a judge that he was largely responsible for the false imprisonment of Mr Stradford, and therefore judicial immunity could not protect him. Therefore, there is an expectation that Judge Vasta will pay for any damages Mr Stradford is entitled to out of pocket.
This is a landmark case as it shows that if judges act extremely beyond their powers and what is deemed appropriate, they may be held personally liable.
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