So the government have settled the Ashby case against the Commonwealth – leaving Peter Slipper to face the case alone.
The Australian has quoted extensively from the letter the government sent to Ashby – this bit caught my attention:
In our assessment there are significant problems in fastening primary liability on the commonwealth given the nature of the relationship between the commonwealth and the Speaker and the fact that the acts alleged were not authorised in any way by the commonwealth.
That is a very strange argument – sexual harassment is seldom, if ever, authorised by the employer; yet the employer is liable. (Perhaps Roxon and her legal advisors believe that harassment is authorised by employers?) That is how the law is designed and intended to work. Now the Comonwealth could argue that the Speaker is not a Commonwealth employee (hmmm – probably some convention there but nobody should believe that) but Ashby is a Commonwealth employee and has been seconded to what the Commonwealth has now conceded was an unsafe work environment.
The other point that got my attention was this:
Attorney-General Nicola Roxon said the commonwealth had wanted to avoid a drawn-out “lawyer’s picnic” stretching well into next year.
“The commonwealth has been mindful of its obligations to taxpayers to achieve the most cost-effective outcomes for legal proceedings amongst other considerations,” she said.
Ms Roxon said the government had made clear it believed the case was “an abuse of process and brought for an improper purpose”.
“We don’t resile from arguments that we’ve previously made before the court that the claim was vexatious,” she said.
That is just rubbish – if Roxon honestly believes that the whole was an abuse of process then the correct solution is not a $50,000 ‘bribe’ to withdraw the case but rather to fight the case in court, set out out some case law preventing this type of abuse or failing that some legislative law reform to reduce the scope for abuse. It is not appropriate that the Commonwealth pay out taxpayer money to avoid a ‘lawyer’s picnic’ – that is an indicator of the need for law reform.
That is just bizarre. Hey, employers – good news: you no longer have any liability for harrassment because you didn’t authorise it, after all.
Has there ever been a more incompetent Attorney-General? This is what happens when Emily’s List affirmative action rides roughshod over merit.
C.L.
28 Sep 12 at 5:58 pm
She really is an ignorant and obnoxious twat.
By the way, are you back yet, Sinc?
dover_beach
28 Sep 12 at 6:03 pm
““The commonwealth has been mindful of its obligations to taxpayers to achieve the most cost-effective outcomes for legal proceedings amongst other considerations,” she said.”
She’s referring to the obligation for the government to be a model litigant, but she seems to be ignoring her own departments’ Legal Services Directions (Appendix B, Note 4):
Jarrah
28 Sep 12 at 6:07 pm
Single mums and deadbeat dads in Family Court, Joe’s Plumbing in the Local Court settle matters to avoid the cost of litigation. Not the Commonwealth of Australia.
What an utter crock.
H B Bear
28 Sep 12 at 6:22 pm
Jarrah – she is useless on so many levels.
DB – no. I’m back in late October.
Sinclair Davidson
28 Sep 12 at 6:23 pm
All just words to hopefully cover what seems to be acknowledgement that Ashy had a case and it would not be politically pretty for the Government if it proceeded.
Biota
28 Sep 12 at 6:24 pm
Yeah, I think Biota’s got it.
Jarrah
28 Sep 12 at 6:25 pm
Oh, really?
Rabz
28 Sep 12 at 6:28 pm
Biota – exactly. Yet I would have thought that a clean break would be politically better for the ALP. Rather than spin come out hard with the mean culpa and hammer Slipper.
Sinclair Davidson
28 Sep 12 at 6:47 pm
Question? Do the Libs now have a case for defamation against Roxon?
blind freddy
28 Sep 12 at 7:01 pm
The first time this govt has been keen to save money. It’s got nothing to do with being a model litigant.
She is a useless moron, totally out of her depth.
She and Swan are eating their own words
Tiny Dancer
28 Sep 12 at 7:28 pm
Hey guys, isnt little Nicola one of the ‘capable wimmen’ that Tony has a problem with, fearful of maybe? Heaven help us.
delfino
28 Sep 12 at 7:34 pm
Incompetent at all levels
Biota
28 Sep 12 at 7:46 pm
There’s an election due next year and the wheels of the law grind slowly.
My guess is that the ALP did not want to have the Ashby-Slipper case before the courts when the election was approaching. It would have been a major embarrassment for them and a gift to the Opposition.
Peter Slipper is a grubby little man. His appointment as Speaker was a nasty political trick (against Harry Jenkins, I mean) and evidence of Julia Gillard’s appalling judgement. No wonder the ALP are settling early, hoping that the incident will fade from the minds of voters.
JLC
28 Sep 12 at 8:00 pm
It boggles the mind.
They really are clueless this lot. Their mouths are like cesspits and the handbag brigade are the chief offenders.
By the looks this has tossed Slipper to the wolves too. Couldn’t happen to a nastier piece of work.
Pure scum the lot of them.
Mark
28 Sep 12 at 9:10 pm
Roxon’s comments more than arguably amount to contempt of the Federal Court. It’s traditionally the task of the Attorney-General to take action to protect the independence and standing of the courts, but here it’s the A-G who may be in contempt. This is all beyond farce – it’s tragedy, and the public are the losers.
rafiki
28 Sep 12 at 9:15 pm
Looks like we should call James Ashby the Honey Badger:
Token
28 Sep 12 at 10:37 pm
Roxon’s comments are a load of self-serving tosh. If Ashby’s allegations were without merit, it is probable that costs would have been ordered against him, rendering minimal financial risk to the Commonwealth. The Government settled because they knew they couldn’t win, given the evidence that support James Ashby’s claims.
In a move that underlines Roxon’s incompetence, Ashby has indicated that he may sue Roxon for defamation and contempt of court.
Cold-Hands
28 Sep 12 at 10:38 pm
Snap!
Cold-Hands
28 Sep 12 at 10:41 pm
Slipper sacked his lawyers last week. Probably told him he had no chance. When Slipper gets a judgement against him or settles, will the privileges committee finally, finally act against this grub?
Some lawyer Roxon is. When a settlement is reached everyone shuts up… but not our Nicky. An incompetent fool – oh dear, was that sexist? She should resign.
Keith
28 Sep 12 at 11:01 pm
FFS, what a bunch of embarrassing, z-grade buttmonkeys.
This needs to end.
Soon.
It’s long overdue.
Rabz
28 Sep 12 at 11:08 pm
“Nicola Roxon said the commonwealth had wanted to avoid a drawn-out “lawyer’s picnic” stretching well into next year”
That is the only statement that counts, particularly ”well into next year”. Blame the ALP headkickers and their overkill, Albanese in the lead (and Roxon herself) , as well as their mainstream media team. This type of allegation could never be devalued and would have to be heard. This would never do (cue ‘well into next year’ again). So it was ‘abuse of process’, conspiracy even, ‘worse than Watergate’ etc and then when that obviously fell over (tough call for judges to uphold that claim in such a sensitive case as this: Sexual harassment and even gay sexual harassment?) so what next?
“well into next year” THAT is what was ‘next’. Election year! Capitulation quickly follows. So much real, capital P, “Principle” on display!
M Ryutin
28 Sep 12 at 11:24 pm
The Attorney-General is going to be sued…
It’s come to this:
James Ashby now turns his legal sights on Nicola Roxon.
C.L.
29 Sep 12 at 12:17 am
What a fucking shambles of a rabble this ‘Government’ is.
.
29 Sep 12 at 12:18 am
Ashby has a strong case.
Looks like Roxon will now have to settle on the settle.
The woman is an imbecile.
C.L.
29 Sep 12 at 12:19 am
Just bloody wonderful.
More taxpayers’ dollars down teh drain…
Rabz
29 Sep 12 at 12:29 am
Anyone feel like coming on here to defend this government?
Fisky
29 Sep 12 at 12:45 am
Was Roxon in private practice she would be hauled before that states version of Qld’s LSC and at best be suspended for a year. Were she in the employ of a solicitors firm she would be sacked. As in fuck off, give me the keys, your desk has been emptied. Take this box and don’t ask for a reference.
She is brain dead
Tiny Dancer
29 Sep 12 at 1:27 am
That may be so but can anyone actually say, having seen him performing the speakers duties in parliament, that he isn’t better than the pelican that is standing in for him?
Rob
29 Sep 12 at 1:30 am
The really amusing part is when she expects us to believe that she is only doing this to save taxpayers’ money . . . .
No, the really hilarious bit is where she forgets that she doesn’t have partial immunity from defamation because she settled . . .
No, the best bit is . . .
I give in, it’s all gold. Go get ‘em James; and good luck!
Cato the Elder
29 Sep 12 at 1:35 am
Rob
Just because he’s a sexual predator and grub doesn’t make him useless. That’s a separate skill set and the Lobotomy Pardee selects for it carefully.
Cato the Elder
29 Sep 12 at 1:37 am
Funny you should mention that, cause it happened to another woman, they made her prime minister.
Rob
29 Sep 12 at 1:38 am
Emily’s listers can do that, ‘cos they’re special.
As in “short school bus” special
Cato the Elder
29 Sep 12 at 1:41 am
If I’ve got this right:
October quarter utilities bills to show a great big fat tax.
November’s expenditure review to be a hoot.
December (-January) MYEFO to be disastrous
Final budget outcome in September to show a great big fat deficit.
Election due November onwards.
Meaning:
This looks like Labor clearing the decks. Once the footy is over, Gillard will either run to the polls or else (more likely) maybe look at March.
It doesn’t make Roxon look any better though. It only took her a few months to sully the A-G’s office with her out of order comments and her bully girl tactics.
What happens to Slipper now? We’ve been paying him $1000 a day to do sweet FA.
CC
29 Sep 12 at 2:03 am
I agree, CC this is clearing the decks, but if it was going to be for march, why not bury the announcement of a settlement over Christmas?
Helen Armstrong
29 Sep 12 at 6:52 am
The economy is rooted due to Labor’s incompetence. They have to go before next May when the the fraud facilitates by the APS will be exposed.
Probably before the mid year budget review, but I suspect the APS will commit major fraud to protect the party the leaches vote for and like the Vic public service did in 1988 for the Cain gov..
Token
29 Sep 12 at 7:59 am
Bolta:
http://blogs.news.com.au/dailytelegraph/andrewbolt/index.php/dailytelegraph/comments/the_ashby_cave_in_is_roxon_up_to_the_job/
Why should anyone be surprised?:
http://blogs.news.com.au/heraldsun/andrewbolt/index.php/heraldsun/comments/rudd_insider_reports_from_the_heart_of_darkness
Even so, I’d still argue Roxon is brighter than airhead Plibersek. Dennis Shanahan:
http://www.theaustralian.com.au/opinion/columnists/backflip-is-par-for-the-course/story-e6frg75f-1226483762959
Ivan Denisovich
29 Sep 12 at 8:17 am
Because Slipper’s “case” is to be heard next week onwards, with a very likely quick judgment (the judge is already known to be somewhat unhappy with the delays that have already occurred in the case). The DCS knew it would be exposed from that point on, and wisely folded their tent. Outside their calculation was Roxon putting her foot in the biggest cow pat she could find and try to kick it at Ashby. Single-handedly Roxon has ensured the issue remains alive and before the courts into the new year (both Ashby and the court both now have cases against her). The settlement decision has been rendered moot.
Keith
29 Sep 12 at 8:22 am
Keith: what do you mean by saying that the ‘court’ (the Federal Court) has a case against Roxon? I agree (see above and a longer post at Prof Bunyip) that she is probably in contempt of the court. But I think that a court can act on its own motion only when the contempt is in the face of the court. Tradition dictates that it’s Roxon – as A-G – who would proceed against the contemner – but that’s Roxon! What a nice full stop to her inglorious and bizarre career as A-G would be a suit against herself, but unfortunately I can’t see it. The Federal Court – the reputation of which has been tarnished by political appointments and the antics of the likes of Einfeld – should show it has balls and hammer Roxon.
But what did you have in mind?
rafiki
29 Sep 12 at 8:40 am
Sorry – I meant that the court – through its CJ – should make a public statement.
rafiki
29 Sep 12 at 8:41 am
What a mess. Why on earth couldn’t Roxon just shut her pie-hole and say ‘the case has been settled, no further comment’.
No, she had to try and stoke up a bit of hate and envy (TM) and, as always, ends up making a mess of it. Honestly, she should have just put some red underpants on her head.
brc
29 Sep 12 at 8:44 am
No no Token, sfdc told me no one in the public service ever lies, nor do politicians force them to…
He of course is a brain damaged fuckwit.
.
29 Sep 12 at 9:14 am
Two reasons.
1) She’s a moron.
2) As Bolt says this morning, she is addicted to this government’s culture of abuse.
C.L.
29 Sep 12 at 9:16 am
rafiki,
I am uncertain as to the legal mechanics, but it seems to me that the court has been impugned, and can possibly raise a complaint. The complaint would then need to be pursued by DCS. If Roxon were to interfere with such a complaint within DCS, then we can say that Australia has truly arrived as an emerging Banana Republic.
Keith
29 Sep 12 at 9:18 am
emergingKeith
29 Sep 12 at 9:33 am
Ms Roxon as Attorney-General would have a salary of around $300,000 including perks, I suppose.
That’s an awful lot for someone who’s making basic blunders.
candy
29 Sep 12 at 9:39 am
Roxon will be sued and she will lose.
The appalling idiot has now again accused Ashby again of unlawful wrongdoing (his lawyers too):
http://www.abc.net.au/news/2012-09-29/no-sign-of-ceasefire-despite-ashby-settlement/4287174
C.L.
29 Sep 12 at 9:41 am
That’s very kind of you to call it a blunder, Candy, however I think it more sinister, As Labor has already demonstrated, they believe they are above the law. No blunder, imo, just the actions of arrogant budding dictator.
Gab
29 Sep 12 at 9:43 am
Dennis Shanahan spot on point:
Gab
29 Sep 12 at 9:51 am
That’s pretty ominous Gab, but I must admit that I have entertained the idea that this mob operates on the basis of seemingly having no further need to face the electorate.
Keith
29 Sep 12 at 9:54 am
The thuggery, exhibited as foul-mouthed vicious rantings and threats, has always been there from this current mob of autocrats, Keith, so maybe it has surfaced becuase of the looming electoral threat or maybe their hubris has reached such heights as to abandon all pretense of their innate totalitarian natures.
Gab
29 Sep 12 at 10:00 am
Roxon worked as a Judges Associate to none other than Mary Gaudron for a couple of years before joining the National Union of Workers as an organiser.She them joined Maurice Blackburn and Assoc.as an industrial lawyer and in 1998 was elected to the Federal Parliament.I imagine that snapshot is sufficient to explain her incompetent handling of the Slipper matter.
Lew
29 Sep 12 at 10:33 am
“Mary Gaudron”
Indeed.
.
29 Sep 12 at 11:00 am
Lowest ever qualificatyions for an Attorney General ever4.But Labor has always struggled here, as no real lawyer is going to join the ALP
Rococo Liberal
29 Sep 12 at 12:02 pm
Almost impossible to believe, Roxon has the job once occupied by Garfield Barwick.
C.L.
29 Sep 12 at 12:23 pm
You forgot Lew, that when Roxon left Gauldron for the AWU, she met and shacked up with Shorten, himself a former junior employee of about 18 months at Maurice Blackburn. Both known associates of one young and naive Julia Gillard.
When Gillard got forced out in late 1995 from Slater and Gordon over the AWU slush fund affair, the AWU transferred its business from S&G to Maurice Blackburn. Roxon went to Maurice Blackburn in 1996 and handled the files from the AWU fallout while Shorten, rising young star in the AWU, was privy to the machinations by the AWU camps, one of which wanted Gillard’s ex Wilson pursued and monies recovered, while the other wanted to cover it up. I’ll let you guess with which camp Shorten was aligned but the paper trail is illuminating.
CC
29 Sep 12 at 6:40 pm
Please forgive my omission CC but I try to stay well clear of rutting Socialists,one never knows what one might catch.
Lew
30 Sep 12 at 9:52 am
Those guys better get tested for STIs.
.
30 Sep 12 at 10:56 am
More crashing wagons in the never-ending train-wreck that is Nicola Roxon.
On Saturday Roxon was quoted as saying that:
“Settlements aren’t about who is right or wrong, they are about bringing matters to a speedy conclusion.”
http://afr.com/p/national/legal_row_erupts_over_ashby_deal_WiwJzfGPk23sZaXeHy3k7H
Now George Brandis has pointed out that this is a breach of the commonwealth’s legal services directions which state that:
“the commonwealth should never settle litigation merely to avoid future costs and should only settle litigation if it’s of the view that there are reasonable prospects that the adverse party will succeed.”
http://www.theaustralian.com.au/national-affairs/ashby-deal-in-breach-of-rules/story-fn59niix-1226484933716
Colin
1 Oct 12 at 7:02 am