Should you be allowed to sue a judge? The High Court says no

By Stephen Parker, Honorary Professorial Fellow, Melbourne CSHE, The University of Melbourne

Judges in Australian courtrooms have a lot of power. They can decide on someone’s guilt and the punishment for it, including lengthy prison time.

But what if they get it badly wrong? Should you be able to sue a judge for damages?

For several centuries the answer has been no in a “superior” court, such as a state Supreme Court, but possibly yes in an “inferior” court, such as a magistrates, district or county court, where most cases are actually heard.

The High Court of Australia has

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