Thank you for being a Friend? Examining Social Media Friendship between Judicial Officers and Lawyers Post Charisteas v Charisteas

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Abstract

The recent case of Charisteas v Charisteas concerned a judicial officer of the Family Court of Western Australia who communicated by text, telephone and in person with one of the lawyers appearing before him in an ex parte manner. These communications formed the basis of a successful ground of appeal in the High Court of Australia. While not addressing it explicitly, this case raises important questions regarding communications between judges and lawyers on social media. As such, this article considers whether judicial officers and lawyers can be “friends” on social media and, if they are, what effect that may have on judicial proceedings. While very general guidance exists on this issue, specific guidance for Australian judicial officers is needed to prevent a similar situation to Charisteas occurring in a social media context.
Original languageEnglish
Pages (from-to)14-32
Number of pages12
JournalJournal of Judicial Administration
Volume32
Publication statusPublished - 2022

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