Date: Fri, 11 Mar 2005 08:14:53 +1100

From: Israel

Subject: Advocates' immunity: antipodean conflict

Harold Luntz writes:

Today, the High Court of Australia, in D'Orta-Ekenaike v Victoria Legal Aid [2005] HCA 12 (10 March 2005), by a majority of 6:1, upheld its own previous decision in Giannarelli v Wraith (1988) 165 CLR 543 and refused to abolish or even narrow the scope of the immunity.

The question is how long the HCA will continue its rather perverse stance in the face of the fact that Australia is increasingly out of step with other jurisdictions.

I suspect that in a few decades, this decision be viewed as a temporary aberration in the evolution of Australia's legal frameworks ... tempus sunat vulnera.

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