At risk

"Section 789FD(1) provides that a worker is bullied at work if an individual or a group of individuals repeatedly behaves unreasonably towards the worker or a group of workers of which the worker is a member and that behaviour is a risk to health and safety."

He said judges "influence significantly the working environment in which practitioners spend their time" and that consideration should be given to the widespread adoption of a protocol drawn up by the Victorian Bar and the Victoria Supreme Court for protocols for handling bullying complaints against judges".

The protocol was put in place after a 2018 survey of 850 Victorian barristers found that almost two-thirds had been the victim of judicial bullying.

One in four said they had been denigrated via public humiliation and belittling comments, and one in four also felt that eye-rolls, sarcasm and pointed comments had been designed to embarrass them.

Chief Justice Alsop said "politeness and civility are not just aspects of the proper conduct of judicial power".

"They are important aspects of making the Bar a more equitable place. If judges are polite and civil, the alpha-male instincts of some barristers will be curbed."


Power imbalance

He opined that the power imbalance between the bench and the Bar meant "a raised eyebrow, or a scowl or a careless barb, can have serious consequences".

"This is not to be oversensitive," the Chief Justice said. "It is to recognise reality."

He joins Victorian Supreme Court Chief Justice Anne Ferguson and former High Court judge Michael Kirby in speaking out against judicial bullying.

In responding to the Victorian Bar survey, Chief Justice Ferguson said "judges across all jurisdictions must always be mindful to treat people with respect and dignity".

"Bullying, discrimination and harassment will not be tolerated in our courts,'' she said.

Chief Justice Ferguson said judicial officers have been invited to seminars "to learn more about bullying, judicial conduct and advanced court leadership".


Chief Justice James Allsop in his chambers ... "if judges are polite and civil, the alpha-male instincts of some barristers will be curbed". Wolter Peeters

In 2014, Mr Kirby said judges took their "internal stresses" out on lawyers that appeared before them.

"Some are bullies. Some misuse their power and create intolerable pressures for lawyers and others working in the law. It is time that judges were added to the agenda of a national wellness forum."