Perth real estate agent, known as Mr Charisteas, has been embroiled in family law proceedings against his former wife for almost 15 years and has spent about $4 million on legal fees.
He filed submissions in the high court last year to appeal a decision by the full family court which did not grant him a retrial after discovering details about the relationship between Western Australian judge John Walters and barrister Gillian Anderson, his wife’s lawyer.
On 22 March 2016, Judge Walters heard the case and delivered his decision on 12 February, 2018. During this time, the judge and Ms Anderson met for drink or coffee about four times, had phone conversations at least give times and exchanged numerous text messages.
The judge, who retired three days after the case, did not declare his relationship with Ms Anderson. She denied it was not intimate and said that the two did not discuss the “substance” of Mr Charisteas case.
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Lawyers say that “trial Judge and Counsel failed to observe well-established/well-known ‘strictures against private communication’ which are fundamental to our system of justice which requires not only that justice be done, but that it is seen to be done.”
“This conduct is the anthesis [sic] of what the judicial system requires in a democratic society: it strikes at its very foundation.”
There are conflicting legal opinions regarding on the contact, even if it did not discuss the case, and calls that it should have been disclosed.
The case has lead to a review of laws by the Australian Law Reform Commission in relation to judicial impartiality. A consultation paper and call for submissions will be released later this month.