find the latest legal job
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
Insurance Lawyer (1 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Great Career Opportunity ·
View details
Insurance and Health Lawyer (1-4 PAE)
Category: Insurance and Superannuation Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· New position to support Growth ·
View details
Rayney ordered to pay prosecutors $14k

Rayney ordered to pay prosecutors $14k

costs Lloyd Rayney

Former Perth barrister Lloyd Rayney, who was cleared of murdering his wife in 2012, has been ordered to pay prosecutors’ costs after a failed bid to avoid facing phone-tapping charges.

The costs order follows Mr Rayney’s unsuccessful challenge against a District Court decision that dismissed his application for a permanent stay of proceedings in relation to alleged offences under the Telecommunications (Interception and Access) Act 1979.

The former barrister had argued he would not get a fair trial due to “extensive, prejudicial and irreparable” publicity he received before, during and after his trial for the murder of his estranged wife, Corryn.

This week (9 June) Supreme Court Justice John Chaney ordered Mr Rayney to pay Commonwealth prosecutors $13,957 to cover fees charged by senior counsel who appeared at the hearing of the application.

According to the judgment, Mr Rayney claimed he did not have the means to meet the costs order, and that legal work in relation to the application hearing was done either on modest grants of legal aid or on a pro bono basis.

However, Justice Chaney found that these factors did not provide a sufficient basis to depart from the usual order of costs.

He cited section 43 of the Legal Aid Commission Act 1976, which states: “The circumstances of a party to a proceeding being an assisted person does not affect the rights or liabilities of any other party to the proceeding, or affect the principles on which the discretion of a court or tribunal is ordinarily exercised, on the question of costs; and costs may be awarded against an assisted person as though he were not assisted.”

Mr Rayney was acquitted of murdering his wife in 2012, however the trial judge noted in his judgment that the defendant had “engaged in discreditable conduct, including knowingly arranging for illegal telephone interception”.

In a separate matter, Mr Rayney is suing the state of Western Australia for defamation.

He says he was “greatly injured” when allegedly identified as the only suspect in his wife’s death in comments by an investigating police officer at press conferences.

In addition to compensation for distress and anxiety, Rayney seeks aggravated damages for loss of revenue, loss of expected future earnings and loss of the opportunity to be appointed senior counsel. If all claims succeed, the Western Government faces payouts well into the millions of dollars.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Rayney ordered to pay prosecutors $14k
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Please, Continue (Hamlet), Melbourne Festival
Oct 16 2017
Hamlet suffers slings and arrows of top Victorian barristers
Victorian judges and barristers have performed the unique play Please, Continue (Hamlet) at the Melb...
Julian Assange
Oct 13 2017
When justice fails, according to Assange
WikiLeaks founder Julian Assange has dismissed the capacity of judicial systems to deal with complex...
Aussie anti-terrorism laws, detention of 10-year-olds
Oct 13 2017
Treatment of kids under Aussie anti-terrorism laws an over-reach: ABA
The Australian Bar Association has urged the government to reconsider proposed reforms to Australian...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...