The High Court of Australia has ruled that judges, regardless of their court level, enjoy judicial immunity and cannot be personally sued for errors made in the exercise of their judicial functions. This decision follows a case where a Brisbane man, identified as Mr Stradford, was wrongfully jailed by Federal Circuit Court Judge Salvatore Vasta during a divorce case. Stradford had originally received $309,000 in compensation for false imprisonment but subsequently pursued legal action against Judge Vasta.
In its judgment, the High Court supported the judge’s argument that immunity extends to inferior courts, ensuring judges can operate without fear of litigation impacting their decisions. While recognising the distress Stradford faced during incarceration, the court highlighted the potential lack of recourse for individuals suffering from judicial errors, suggesting possible ex gratia payments as alternatives for compensation. The ruling effectively overturns an August 2023 decision by Federal Court Justice Michael Wigney that had awarded Stradford damages and found the Commonwealth and Queensland liable for the actions following Judge Vasta’s orders. Ultimately, the High Court set aside Wigney’s ruling and dismissed Stradford’s claims.