Barmettler & Anor v Qld

[2010] QCA 198

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Summary judgment
3. › No real prospect of success
4. › Claim disclosing no sustainable cause of action
5. › Whether court had jurisdiction to proceed summarily
6. › Uniform Civil Procedure Rules 1999 (Qld), r 293
1. Tort Law
2. › Judicial immunity
3. › Complete immunity of judicial officers from civil liability
4. › Whether State vicariously liable for acts of judicial officers
5. › Independence of judiciary from executive
1. Practice and Procedure
2. › Trial by jury
3. › Civil proceedings
4. › Whether right to trial by jury is inalienable
5. › History of civil jury trials in Queensland
6. › Whether right to jury trial is statutory creation

Quick Take

Judicial officers acting within jurisdiction enjoy complete immunity from civil liability, and the State is not vicariously liable for the wrongs of judicial officers acting as such, because the judiciary is constitutionally independent of the executive. Any right to civil jury trial in Queensland is a creation of statute, not an inalienable common law right. Summary judgment under r 293 UCPR may be given notwithstanding a party's election for trial by jury where the claim discloses no sustainable cause of action.