Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

Case law suggests that judicial immunity applies to judges of inferior courts more narrowly than it does to their superior court counterparts. This has created uncertainty for litigants and for judges of the Federal Circuit and Family Court division 2. The bill would minimise the risk of vexatious litigation aimed inappropriately at division 2 judges from those who are dissatisfied with the outcomes of their decisions. This bill would also support the underlying aim of the doctrine of judicial immunity by enabling division 2 judges to discharge their judicial functions impartially, fearlessly and in accordance with their assessment of the facts and their understanding of the law without undue influence or the threat of being sued.