Allan government bill throws curveball in Gobbo compensation bid

Publicity over the Allan government’s bill to stop lawyer-turned-informer Nicola Gobbo’s multimillion-dollar compensation bid has thrown a curveball to her upcoming trial.

The Allan government’s bill to block lawyer-turned-informer Nicola Gobbo’s multimillion-dollar legal case has thrown a curveball to Lawyer X’s impending trial.

The Supreme Court on Friday heard that publicity over unprecedented proposed laws this week had thrown a spanner in the works over whether a jury — rather than a judge — would hear the high-profile civil trial that’s due to begin within weeks.

Gobbo is suing Victoria Police for “highhanded, insulting or reprehensible” conduct by using her as an informer and failing to protect her identity.

Her informing on clients tainted more than 1300 cases – including that of drug kingpin Tony Mokbel – and sparked a Royal Commission into the police scandal.

Barrister for the exiled Gobbo, Tim Tobin SC, said she had “firmly instructed” she wanted to run her trial before a jury.

But he said the “flurry of activity” over the State Civil Liability (Police Informants) Bill introduced to parliament this week could cause a “level of publicity” that would be “so prejudicial to (Gobbo that she) may take the position that she does not want a jury”.

Gobbo with Tony Mokbel in 2004. Her informing on clients tainted more than 1300 cases.

The state government this week rushed the Bill into the lower house that would limit its civil liability for legal claims over information sharing or assistance provided by Gobbo to Victoria Police, effectively knocking out her multimillion-dollar action.

However, debate on the proposed laws was delayed.

Mr Tobin, referring to media reporting over the drama this week, called a report in the Nine Newspapers that Gobbo was seeking $30m “a nonsense”.

That figure was first raised during the 2020 Royal Commission into the Management of Police Informants, which heard Gobbo told police in 2009 she would “walk away” if she was given $30m.

Mr Tobin asked for the judge or jury question to be held off for three weeks because “what has been happening in the public” could “influence the position we take”.

Barrister Bernard Quinn KC, for the State, said that with the Bill to return to parliament later this month, there would be even more publicity and the prejudice would only be exacerbated.

“Who that publicity is prejudiced towards is completely irrelevant,” Mr Quinn said.

“It can be difficult to tell,” Justice Andrew Keogh replied.

The state government has rushed a Bill into the lower house that would limit its civil liability for legal claims over David Crosling

“It’s really in the eye of the potential juror,” Mr Quinn stated.

Mr Quinn said the potential for a jury pool made up of members of the Melbourne community “to forget about what’s happened is not a real possibility”.

Gobbo and the State are due to sit down for mediation talks over the coming weeks as they continue to battle it out over documents and clarify matters of fact in preparation for trial.

Mr Quinn took issue with the near 300 interrogatories — or formal sets of questions — put forward by Gobbo’s team to clarify facts in the case.

“Some of them are outrageous,” he said, claiming their format was so outdated it was like they’d come from the 1990s.

“This is a matter that everyone knows has gone before a Royal Commission,” he said.

“It’s not just a case of whipping a dead horse here, it’s a case of now conducting an inquest into its death.”

Justice Keogh asked that the “old fashioned” interrogatories be redrafted and answered quickly where they could by the State’s legal team.

Gobbo was due to be examined by an independent medical panel next month to assess her personal injury before the trial.

But the panel said they needed “an assurance” that Gobbo was “not overseas when they carry out the examination for insurance reasons”.

The trial, which was originally slated for September 23, is now expected to begin on September 30.