I’m not about retribution - I’m about making the campaigners accountable - at the Royal Commission they submitted prior knowledge / CCI stopped providing coverage from 1975 onwards because of it. It seems to me to be pure arrogance and I can tell you very aggravating.I honestly don't know what the penalty is. There's a range from warnings to fines to disbarment.
But there's a fair bit comes into it. Notwithstanding police reports and Royal Commission findings, Mulkearns sworn evidence right up until he died was that he wasn't aware of the extent of Ridsdale's offending until some 5 years after the police found he was. So perhaps they're relying on that.
Also the nature of the civil suit itself might come into play. Civil suits are about obtaining compensation and damages. They're not supposed to be about retribution. Now your description on this forum has largely been about retribution (and I don't blame you for that). If the lawyers involved have adopted a similar type stance then I can see why the Defence lawyers might have dug the trench in the way they appear to have. They're preparing for war rather than negotiation and settlement. But again, I'm not privy to the actual documents or the facts of the case so I'm just speculating.
Now before I say the next bit I want to be clear that MY BELIEF is that Mulkearns knew more about Ridsdale's offending earlier than he says he did. That said.....
The Judge needs to be a bit cautious here. Just because a Royal Commission makes a finding, does not mean that finding is a fact that can't be denied in a court proceeding. There are different evidentiary standards at Royal Commissions. If he's about to beat up on the Defence based on what he's read in the press or the Royal Commission summaries he's leaving himself wide open for appeal. If, however, he's basing his position on documents in front of him, or evidence from previous cases, then that's a different matter.