CBMK0053 Justice Ian Jackman deserves applause.It takes integrity to call out issue within his own profession

Federal Court Justice Ian Jackman has done something almost unheard of—he publicly criticised six current and former colleagues for taking years to deliver judgments, with some cases delayed for up to 3½ years. 

Jackman argued these "egregious" delays undermine the rule of law, damage public confidence, and leave people's lives, businesses and livelihoods in limbo. 

He said judges themselves are often the biggest source of unreasonable delays and called for greater accountability within the judiciary.

Commentary:
Justice Ian Jackman deserves applause.

It takes integrity to call out problems within your own profession instead of pretending they don't exist. 

Accountability shouldn't stop at politicians or public servants—it should apply to judges too. 

If the justice system expects Australians to meet deadlines, obey court orders and respect the law, the system itself should be held to the same standard.

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Transcript

SPEAKER_00 0:00

This is a federal court judge by the name of Ian Jackman. He just called out six of his colleagues. It's no surprise to us how long these uh verdicts come down. Some of them take two years, some take three years, some take five. I mean, what the fuck are you doing all that time sitting in trial? Are you not taking notes? Are you not already coming to a conclusion of where you're going to go with this? Why the fuck is it taking two to three years and people are losing their livelihoods? And yes, you are absolutely correct. People do not trust the judicial system anymore. But when people lose faith in the judicial system and in parliament, there will no longer be a government or judicial system. Desi Freeman, that's just the start of it. There are many more out there. Thirdly, the world is waking up to the Epstein trials, and how no one in the United States and Australia has been held to account. That's time, that's money, that's a corporation that would have sacked you. So why haven't some of these judges been sacked? Why are they retiring on a comfortable pay when they haven't even done their jobs? But well done to this judge. There should be more and many of them. These are the people that we need in our courtrooms.

SPEAKER_01 1:16

The egregious delays by some judges in delivering reserve judgments represent a real and growing threat to the rule of law in Australia. Delays of nine months or more are relatively common in some courts, including my own, and a significant number of judgments of the federal court are reserved for about two and a half years or more. For example, Justice Lindsay Foster decided Masters in Loam in 2019, a little over three years after the completion of a trial which lasted only four days, although illness may have been an extenuating circumstance. Justice John Nicholas decided Tool Jen and Fisher in 2023, two years and nine and a half months after an eight-day trial. Justice Katrina Banksmith decided EasyFit Engineering and Microm a little over two years and four months after a ten-day hearing. Justice Bernard Murphy decided Southernwood and Brambles this year, some three and a half years after the hearing. Justice Bernard Murphy also heard the case of Gall and Domino's Pizza, the last day of the hearing having been in November 2022, three and a half years ago, yet judgment still stands reserved. Justice Scott Goodman decided Assiken Neuicks this year, two years and five months after a 16-day trial, although His Honour did have the good grace to apologize for the delay. And Justice Kathy Farrell didn't write a judgment at all in smart education and CLGC after reserving for two and a half years and simply walked away into the contented sunset of retirement on a full judicial pension and left it for someone else to be allocated the task of doing the work, even if that judge hadn't been me. I would still be just as ashamed for the institution of the federal court.