O'Neill, J.J. v Mann, A. [1994] FCA 923

O'Neill, J.J. v Mann, A. [1994] FCA 923

The absolute immunity which attaches to judicial or quasi-judicial proceedings does not extend to complaints about a judicial officer made to administrative decision-makers such as the Attorney-General, even where natural justice may be owed. Such communications are not part of judicial or quasi-judicial proceedings, and qualified, not absolute, privilege may apply.

Parties
Appellant: James Joseph O'Neill; Respondent: Arnold Mann
Jurisdiction
Australia
Judgment Date
14 December 1994
Procedural Posture
Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia
Outcome
Appeal allowed
Legal Topics
Absolute Privilege, Qualified Privilege, Judicial Officers, Administrative Law, Complaints Against Judicial Officers
Defamation Torts Judicial Immunity Absolute Privilege Qualified Privilege Judicial Officers Administrative Law Complaints Against Judicial Officers

Case Brief

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Parties

James Joseph O'Neill

Appellant

Arnold Mann

Respondent

Procedural Posture

Appeal / Judgment on Appeal From a Judge of the Federal Court of Australia

Legal Issues

  1. 1 Does absolute privilege or immunity from an action for defamation attach to a complaint about a special magistrate made to the Attorney-General and the Chief Magistrate?
  2. 2 Is the process involved a judicial or quasi-judicial proceeding for the purpose of the absolute privilege or immunity rule?
  3. 3 Should the doctrine of absolute privilege or immunity be extended beyond statements made before judicial or quasi-judicial proceedings?

Ratio Decidendi

The absolute immunity which attaches to judicial or quasi-judicial proceedings does not extend to complaints about a judicial officer made to administrative decision-makers such as the Attorney-General, even where natural justice may be owed. Such communications are not part of judicial or quasi-judicial proceedings, and qualified, not absolute, privilege may apply.

Court Disposition

Appeal allowed

Orders

  • Final orders made at first instance set aside;
  • The plea of absolute privilege pleaded in para.6 of the Defence is struck out;