There is so much happening in the always enthralling intersection of law and politics that it is hard to know where to start. I will stop my head spinning and focus on just five.
First, the Federal Court has been shamed by a sitting judge who highlighted the utter disgrace of reserved judgments. Justice Jackman pointed out that some of his colleagues were taking up to three-and-a-half years to give judgments after all the evidence had been heard. Some retired without ever getting to it. The Federal Court responded by removing Jackman’s speech from its website, and then there was a whole national pile-on by other senior judges critiquing his undermining of the rule of law and reputation of the court. Go Jackman I say! These peoples are paid $500k plus annually, have cars with chauffers and perks galore and the most generous superannuation in the world for their splendiferous retirement. They have an associate to help with research and judgment writing. Shame on them. Do your job or get out of the way.
Second, in Queensland, there is a mystifying case that has everyone scouring the internet. You don’t have to look very far. There are three characters but you may need a flow chart. Violet and Dieter were in a relationship. MM had an affair with Violet. Dieter found out about MM and Violet, and threatened to expose ‘Violet sexes MM’ unless Violet gives Dieter money. Violet goes to the police and they charge Dieter ‘with extortion’. But the court suppresses the identity of MM, who is, apparently, a very, very high-profile person in Queensland. A person who takes a very, very high moral stance on everything. Pot, kettle, black. Mathew 26:52 and all that. Of course, it will come out soon enough. I can’t wait.
Third, back in Ballina, there is the case of Lindy Lucena which I have written about, marched about, and cried about. She was left for dead following a domestic violence incident and our Sue Higginson made complaints to the Law Enforcement Conduct Commission (LECC) – the police watchdog. LECC was highly critical of police inadequacies and made systemic recommendations for improvement. As is becoming a pattern, the police, supported by the Police Minister, are rejecting all these proposed changes. Just a big middle-finger ‘no’. If the semi-judicial oversight body for police misconduct can just be ignored, then the system needs to change to give them teeth. We know that police policing police does not work. Nor does an oversight body that the police can simply ignore.
Fourth and fifth come from the USA. In 2017 a contractor leaked Trump’s tax records. In 2026, Trump decided to sue the IRS for $10 billion. Not a single legal pundit believed for a second that the IRS had any liability. The judge thought that the IRS had immunity, the claim was filed out of time, and there was effectively no cause of action because the President was suing himself. The IRS legal team was headed by Trump appointee Todd Blanche, Trump’s previous criminal lawyer. Who answers to President Trump. Two days after filing the complaint Trump laughingly told a reporter: ‘I’m supposed to work out a settlement with myself’.
Trump withdrew his claim, saying it had been settled. Which it had. The agreement included terms that the US government would not, ever, investigate Trump or his family or business interests. A ‘get out of jail free’ card for tax fraud or avoidance, but also for any other civil or criminal action. Sort of a pardon by the back door.
Then the IRS was to establish a $1.776 billion fund, to be distributed by Trump via cronies. The amount reflects the date of declaration of independence. Cute. This figure is a clear signal – the date has been usurped by the extreme right in the US. This is code for letting racism off the leash.
And the beneficiaries are anyone Trump wants, specifically naming people prosecuted for blocking access to abortion clinics, or those prosecuted for domestic terrorism against race theory, anti-trans zealots or mask mandate breakers, and ‘groups based on improper ideological criteria’. Which is code for the 6 January rioters. And these payments can all be determined and made in utter secrecy. And must be spent, coincidently, just before Trump’s term expires.
And finally, fifthly, Trump has imposed sanctions on, of all people, International Criminal Court judges for the sin of deciding matters on Israel that Trump does not like. Their bank accounts have been frozen, they cannot use their credit cards, they are barred from many countries including the US. Some cannot see their families.
And with the five above I didn’t even get to the abolition of legal aid for almost all family law matters. Or the Israeli ambassadorial denial of sexual abuse. Or the Christian Brothers scamming victims. It is at this point that I drop my pen and announce that I am holding a funeral for the justice system. The Federal Court, police oversight, open justice, and the whole of the US. Let’s just be honest and call it the ‘injustice system’. RIP rule of law.
Professor David Heilpern is SCU Dean of Law and Chair of Discipline, Faculty of Business, Law and Arts.
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