Case of Ashby v Commonwealth of Australia (No4) [2012] FCA 1411

Case of Ashby v Commonwealth of Australia (No4) [2012] FCA 1411

Introduction

Case number 4 of Ashby vs. Commonwealth of Australia was the most debatable topic in last year, not only because of Ashby's sexual harassment charges against former speaker “Peter Slipper”, but mainly because of unprofessional behavior of Ashby's lawyer “Michael Harmer” (FCA,2012a). According to “Richard Justinian the manner in which Michael Harmer presented this case in the court was a deliberate, unbelievable assault on the political setup of Australian Government.

According to the judge of Australian court the enclosure of certain accusation like exploitation of cab charges, and preceding sexual relationship of Slipper with his younger staff were raised to gain a fake media publicity without justifiable forensic proofs. Those unnecessary accompaniments were reserved when a new application was filled just after one month of new application. It is of extreme importance to disclose the grounds on which the conduct of Ashby's and Harmer was according to Australian legal system as outrageous, dishonest, and shameful not only against government, but it was a shameful act for future of entire legal structure.

According to the “Defamation Act section 27(2)” During the proceedings of courts particularly (submission of documents) are extremely confidential containing precise information of offense. Thus, it is imperative for legal team to have such a freedom at the time of accusing or defending his arguments. Meanwhile, profession of journalism does not have such freedom while making a legal document or its proceeding visible to public (Huschinson, 2009). Freedom is media reporting is restricted to the obligation or providing authentic report, and summary of legal proceedings.

On the other hand, it is certainly not that complicated to practically outlining a fake application of sexual harassment, and that against a well-known political personality, in which the legal professional has drafted every line of that report in a way that it becomes a scandalous. Meanwhile, the maintenance of unconditional freedom related to presentation of documents in court is highly dependent on the way legal professional goes about his profession. Legal system of Australia has developed strict rules and regulation for legal professional to prevent misconduct, unprofessional attitude; however, some of the NSW legal rules describing the conduct of “Michael Harmer's are described below (L'Estrange, 2012).

According to Section A.35 it is imperative for legal profession to ought to, while using the forensic judgment during the entire case proceedings, the legal practitioner must ensure that his decision or decision taken according to the advice of his client must be to access the legal powers of court. In addition to this, legal practitioner while accusing any individual must ensure not to violate the freedom given to him by legal system. Further, according to this act, it is imperative for the petitioner to ensure the following

Accusation made is realistically acceptable by the document that is existing with the practitioner

Are suitable enough to ensure rapid procession of his client case according to legal intrinsic worth

Accusation are not drafted with ...