Ceremonial - Brennan, CJ - swearing-in of Chief Justice - CER

This matter concerns the ceremonial swearing-in of Sir Francis Gerard Brennan as the Chief Justice of the High Court of Australia. The ceremony took place on Friday, 21 April 1995, and was attended by numerous dignitaries, including former Chief Justices, Chief Justices of State Supreme Courts, the Attorney-General for the Commonwealth, Solicitors-General from various jurisdictions, and representatives of legal professional bodies. The proceedings involved the presentation of the commission appointing Sir Francis Gerard Brennan to the office, followed by his taking and subscribing the Oath of Allegiance and of Office.

The legal issue before the Court, in essence, was the formal investiture of Sir Francis Gerard Brennan into the office of Chief Justice of the High Court of Australia. This involved the presentation and reading of his commission, the administration of the oaths of allegiance and office, and the formal acceptance of his new role. The proceedings were conducted in accordance with established constitutional and ceremonial protocols for such a significant appointment.

The reasoning and principles applied were those of constitutional law and established practice for the appointment of the Chief Justice of the High Court. The Governor-General, acting on the advice of the Federal Executive Council and under section 72 of the Constitution, issued the commission. Justice Deane administered the oaths, signifying the formal assumption of the judicial office. The subsequent addresses by the Attorney-General and the President of the Law Council of Australia served to acknowledge and welcome the new Chief Justice, highlighting his distinguished career and the responsibilities of his new position. The ceremony concluded with Justice Deane inviting the new Chief Justice to discharge the duties of his office, signifying the completion of the investiture.