7 July 2009
Tuesday Transcript: Bad Vibes
When the Court has already given big clues that it does not follow your argument, there are certain phrases you should avoid at all cost—as counsel learned the hard way in East v The Queen:
MR [APPLICANT]: That is where I am saying that the power under section 19 is also restricted. It is restricted to the extent of the principle that a man’s home is his castle, it is his fortress, and unless it is unambiguous and unmistakable - - -
KIEFEL J: I was hoping you would not say that, I thought we would hear about the vibes.
MR [APPLICANT]: Yes, your Honour, I refrain from that angle obviously, your Honour. That is my point in respect of that. If I can assist your Honour any further on that point.
KIEFEL J: Thank you. We need not trouble you, Ms [Respondent]. … [T]he argument has insufficient prospects of success to warrant special leave. Special leave is refused.
That line might have worked for Lawrence Hammill QC, but that was in the movies. In real life it conjures up the image of Dennis Denuto. Bad vibes.
Related posts:
- Tuesday Transcript: We will not trouble you
- Tuesday Transcript: Pipe Down
- Tuesday Transcript: Reality-based decision-making
- Tuesday Transcript: That sinking feeling
- Tuesday Transcript: Tell us what you really think
