Victory For James Ashby As Federal Court Overturns Peter Slipper Harassment Decision

The Full Bench of the Federal Court has overturned the 2012 decision by Justice Rares in the Peter Slipper sexual harassment case.

In upholding the appeal by James Ashby, the full bench, consisting of Justices John Mansfield and John Gilmour, said:

“We are satisfied that the evidence before the primary judge did not warrant the adverse finding said to constitute an abuse of the court’s process on the two bases found and did not warrant the rejection by his Honour of the sworn and unchallenged evidence of each of [James] Ashby and [Michael] Harmer.”

Ashby was awarded costs. This represents a severe financial imposition on Slipper.

The court rejected an appeal by solicitor Michael Harmer, who was criticised by Justice Rares over his conduct of the case, but also said:

“Nonetheless, we have concluded that the adverse findings in relation to his conduct, with their flow on affect upon Ashby, ought not to have been made.”

The decision means that Slipper is now likely to face trial on the sexual harassment claims. The abuse of process decision of Justice Rares has been overturned. [Read more…]


James Ashby Seeks Leave To Appeal Federal Court Decision

James Ashby has filed an application seeking leave to appeal the Federal Court decision which threw out his sexual harassment case against the former Speaker, Peter Slipper.

Ashby’s case was dismissed on December 12 last year by Justice Steven Rares, who described it as an abuse of process.

A statement from Ashby’s “spokesperson” says Ashby’s lawyer, Michael Harmer, will also seek leave to appeal.

Statement regarding James Ashby.

James Ashby Statement

Friday, 11 January 2013

An Application by James Ashby seeking Leave to Appeal Justice Rares’ decision of 12 December has been lodged today with the Federal Court.

An Application by Michael Harmer (Harmers Workplace Lawyers) also seeking Leave to Appeal Justice Rares’ decision will be lodged Monday with the Federal Court.

Although there are many common grounds in the ?nding, Justice Rares made separate and distinct ?ndings regarding Mr. Ashby and Mr, Harmer, so each presently is being separately legally represented in this Application.

Harmers Workplace Lawyers continues to represent Mr. Ashby in his sexual harassmentcase against Mr. Slipper.

Neither Mr. Ashby nor Mr. Harmer is available for interview.

Spokesperson

Media Contact
Anthony McClellan
AMC Media
Mob: 0433 122 360
anthonymcc@gmail.com
Twitter antmac9


Ashby’s Lawyers Say There Was No Conspiracy In Slipper Case

James Ashby’s lawyers say they are “shocked and disappointed” by the Federal Court decision in Ashby’s sexual harassment claim against the former Speaker, Peter Slipper.

Michael Harmer of Harmers Workplace Lawyers says: “We will argue strongly on appeal that the conclusions in his Honour’s judgment made about our conduct of the case are simply not justified by the evidence. Neither myself, nor this firm, are part of any conspiracy.”

Harmer said: “Politics played absolutely no role in the decision to take on James as a client.”

Text of statement from Harmers Workplace Lawyers.

Statement by Harmers Workplace Lawyers

Wednesday 12 Dec. 2012

“Whilst of course we respect the court’s decision, we are shocked and disappointed by it. We will argue strongly on appeal that the conclusions in his Honour’s judgment made about our conduct of the case are simply not justified by the evidence. Neither myself, nor this firm, are part of any conspiracy. [Read more…]