In great disregard to the truth and the Rules that are supposed to (but often don’t) dictate his conduct, Southall certainly did convey his opinion of the evidence and case[1].
Having specifically noted the “robustness” of Southall’s nature:
… occasional robustness, which is more a matter of your nature than anything else, and you will see a reference to that in the judgment.
… some robust remarks or behaviour by legal practitioner perhaps unaccustomed to conducting a defamation proceeding against a litigant in person[2],
Pagone J nonetheless made Southall aware at the time that it was unacceptable behaviour and pulled him up for the sounds of derision and mockery that Southall made[3], where Southall clearly emphasised his personal opinion [emphasis mine]:
His Honour: Well, Mr Southall, you need to be careful not to put off [the defendant] unnecessarily by allowing your natural instincts and reactions.
Southall: Yes, your Honour, it’s probably the second or third time I’ve done it, and I apologise for that.
This conduct was not only childish and unprofessional, especially for a Queen’s Counsel, but also gave the fraudulent impression that I had lied.
Southall said about my sincere apology [emphasis mine]:
One might even say it would be better to have no apology at all, but that’s an observation by me.
This was submitted after Southall had repeatedly made complaints and disparaging comments about his perception of my apology (this is addressed on a separate page).
Then we move onto the fact that, in spite of his primary duty being integrity and honesty to the court, Southall showed his personal bias and opinion by giving a prolific number of grossly erroneous misrepresentations, and actively deceived the court so as to gain his clients many hundreds of thousands of dollars in damages, interest and costs, and to thereby gain himself many a hundreds of thousands of dollars in fees and reputation for a successful outcome – this conduct is evidenced throughout this and other pages.
[1] In blatant disregard to Vic Bar Rule 18
[2] Reasons at [57]
[3] There were a number of occasions where Southall snorted in derision in response to my submissions or addresses.