Can Pauline maintain the rage?
There’s an interesting article on the tort of maintenance (see my earlier post, and Ken Parish’s) in today’s Financial Review, but alas it’s for subscribers only. I’ll give you the gist:
No resort to medieval tort from prison cell
Point of lawChris Merritt
Pauline Hanson may yet get revenge on Workplace Relations Minister Tony Abbott by suing hum under the ancient tort of maintenance — but she would have to wait until she’s released to do so.
[…] On Tuesday, Mr Abbott told parliament that the entire purpose of a trust fund known as Australians for Honest Politics “was to fund legal actions against One Nation”.
After examining Mr Abbott’s statements, a leading Brisbane barrister, who declined to be named, said that — judged only on what had been said in parliament — a prima facie case of maintenance could be made out against Mr Abbott.
Other legal sources pointed out that unless special arrangements were made with Queensland authorities, Hanson and colleague David Ettridge would be unable to sue Mr Abbott until they had been released from prison.
If their actions were successful, they would be entitled to damages equal to the cost of defending civil litigation that had been supported by Mr Abbott’s secret fund.
[…] Legal sources said the objectives of the trust fund would have central importance in any litigation, as it would be necessary to determine whether it was established for a purpose unlawful in Queensland.
So there you go. This issue will probably not go anywhere fast, and I reckon Pauline Hanson would be willing to sue Abbott in order to kickstart her political career upon release. After all, victim politics is what One Nation is all about.
