What does barrister Sue Chrysanthou have in common with Hollywood actor Tom Cruise?
The top nine moments from the 2024 legal year; a new banking partner appointed at Bakers; and the niche Christmas tradition conducted by both Sue Chrysanthou and Tom Cruise | Read Ipso Facto.
As the legal year draws to a close, it’s time to reflect on the cases, controversies, and courtroom theatrics that made 2024 a year for the books.
From jaw-dropping rulings to absurd legal battles, this year’s highlights - whittled down to nine favourites - have been nothing short of spectacular.
1. Lehrmann’s defamation loss
This year will likely be remembered as the one where Bruce Lehrmann “made the mistake of going back for his hat” - deciding to sue Network 10 and Lisa Wilkinson for defamation over The Project interview with Brittany Higgins.
Federal Court judge Michael Lee’s sesquipedalian judgment – which, I should mention, is the subject of an appeal – was scathing of the former Liberal staffer and found, on the balance of probabilities, he raped Higgins.
2. AI in court
This year we saw the first examples of artificial intelligence interfering in court cases.
In the ACT Supreme Court the brother of a man accused of using counterfeit cash to buy illegal drugs was called out by a judge for allegedly using Chat-GPT to write a character reference.
More recently, a Victorian solicitor was caught using AI when he tendered a list of fake cases to a Family Court judge. The anonymous lawyer has been referred to the state’s legal watchdog.
3. Alan Jones is charged
The former radio superstar was last month arrested and charged for indecent assault, common assault and sexual touching without consent.
Jones earlier this week pleaded not guilty to the charges – which relate to 10 victims over a near-two decade period - and vowed to fight the “baseless” claims.
4. The judges v Sally Dowling
It would be remiss not to mention the ongoing legal spat between the NSW chief prosecutor and a group of District Court judges. While it has been brewing since 2022, this year Dowling conducted a sweeping audit of all sexual assault matters committed to trial, after five judges accused her office of running rape cases that had little hope of securing a conviction.
Dowling lodged complaints to the state judicial commission against two of the judges - Peter Whitford and Robert Newlinds. The commission upheld the complaint against Newlinds, and partially upheld the one against Whitford.
Meanwhile, a third judge – Penelope Wass – has filed a complaint with the state legal watchdog claiming Dowling tried to “exert influence” over the judiciary when engaging in private conversations with the court’s chief judge.
5. The NZYQ fallout
At the very end of last year the High Court issued a ruling finding the indefinite detention of refugees is unconstitutional.
As a result, the government was forced to release more than 150 detainees, including murderers, sex offenders, and violent offenders. A quarter of the released foreign offenders have been charged with a crime since being let out.
Then, last month, another High Court decision was handed down finding there was no legal justification for curfews and ankle bracelets imposed on the released detainees. The decision forced Home Affairs Minister Tony Burke to rush through emergency legislation stipulating the minister can impose ankle monitoring and curfew conditions on detainees if satisfied on the “balance of probabilities” they pose a risk to the community.
6. Deeming’s defamation win
Ousted Victorian Liberal MP Moira Deeming secured victory over John Pesutto earlier this month, after the Federal Court found the Opposition leader defamed her in five media appearances and a document supporting her expulsion from the party.
Federal Court judge David O’Callaghan awarded Deeming $315,000 in damages after finding Pesutto implied she “associated with Nazis and is thus unfit to be a member of the ... Liberal Party”.
7. The Dentons debacle
The Australasian chief executive and Australian chair of the world’s largest law firm stepped aside in October after being accused of sending an email containing anti-Semitic material, promoting Covid-19 conspiracy theories and endorsing claims the judicial system is corrupt.
The allegations arose in a Federal Court case lodged against Dentons and former CEO Doug Stipanicev by former property partner Guy Albeck.
The case is ongoing.
8. Geason found guilty
Tasmanian Supreme Court judge Gregory Geason in October was found guilty for assaulting and emotionally abusing his fiancee after he shook, repeatedly struck and then pushed her in his Hobart home last year.
While Geason avoided jail time, he was ordered to undertake 100 hours of community service and was told his 30-year career was over due to his actions. The case also led to state legislation to deal with misconduct by judges.
9. The self-destruction of Australia’s largest Aboriginal legal service
The Australian this year revealed the board of the North Australian Aboriginal Justice Agency knowingly appointed a chair who pleaded guilty to a horrific domestic assault against his pregnant partner. This, as well as a Federal Court case centred on corruption claims and a mass exodus of employees causing chronic understaffing in Alice Springs, led to nearly the entire board being hosed out.
Ipso Facto understands NAAJA is in the process of rebuilding, but the Northern Territory courts situation remains dire. Vulnerable Aboriginal defendants are still struggling to find adequate lawyers and are being forced to represent themselves in court.
Tell me what you think at ellie.dudley@news.com.au
Legal movements
Baker McKenzie has announced the appointment of banking partner Bryan Paisley, who returns to the firm after nearly five years with Hogan Lovells.
Gilchrist Connell has appointed insurance lawyer Zoe Dempster as principal. The announcement comes after chief people officer Belinda Cohen was promoted to chief executive last month.
Did you hear?
What does defamation silk Sue Chrysanthou SC have in common with Hollywood superstar Tom Cruise?
Is she a secret scientologist? Is she 5 ft 5“? Does she do all her own stunts?
Well, she does have a tradition of sending a special cake to a select few friends and colleagues as the Christmas season comes around.
While Cruise’s dessert – a white chocolate coconut bundt cake – is delivered via private jet to celebrities such as Glenn Powell, Jimmy Fallon and Tom Hanks, Chrysanthou’s offering is mildly more low key – she sends a smash cake to select clients, lawyers and journalists to celebrate the end of the legal year.
In 2022, the cake – complete with its own wooden mallet – came with the cheeky slogan “be Rude, get Sued.” Personally, I think that was her best.
Last year, things got even more creative with the Chrysanthou Pudding, generously glazed in a “confidential sauce.” The cake plaque read “It’s easy as 1, 2, 3,” which Ipso Facto understands to be a sly nod to the ABC.
Earlier that year, Chrysanthou had helped defeat the national broadcaster when acting for ex-commando Heston Russell, who claimed two ABC articles had falsely implied he was involved in the execution of an Afghan prisoner.
The ABC’s articles rested on the testimony of an ear-witness quoted under the pseudonym of Josh, who claimed he overheard Australian forces shooting the prisoner. Hence, “confidential sauce.”
As we all know, the best jokes are those that require at least three paragraphs of explanation.
This year’s cake was subtle, but effective. The plaque on the front reads “Beeware, defamatory sting” in an apparent nod to one of Chrysanthou’s favourite hobbies: beekeeping.
Ipso Facto understands the cakes have already been delivered to a few of Chrysanthou’s former clients including former Ten presenter Lisa Wilkinson, Moira Deeming and Olympic boxer Harry Garside.
In the past they have also been enjoyed by Rufus Du Sol keyboardist Jon George – the son of defamation solicitor Patrick George.
It is also understood defamation silk Matt Collins KC – who acted for Ten in the Lehrmann defamation case – received a cake this year, along with 2GB host Ben Fordham and The Australian’s columnist Janet Albrechtsen.
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