Ceremonial - McHugh J - Farewell Sydney

This matter concerns valedictory remarks made in the High Court of Australia on 7 October 2005, marking the impending retirement of Justice Michael McHugh AC. The remarks were delivered by Mr T.E.F. Hughes QC on behalf of the Bar, and subsequently responded to by Justice McHugh.

The central issue addressed was the compulsory retirement of federal judges at the age of 70. Mr Hughes, speaking for the Bar, expressed regret at Justice McHugh's departure, characterising the age limit as an "anachronistic misconception" that individuals are past their prime at 70, particularly when they remain intellectually capable. Justice McHugh echoed this sentiment, questioning the continued relevance of the 1977 amendment mandating retirement at 70, given increasing longevity.

Justice McHugh reflected on his nearly 17 years of service on the High Court, highlighting its crucial role in declaring national law and ensuring legislative and executive adherence to the Constitution. He emphasised the importance of judicial wisdom, discretion, learning, ability, dignity, and restraint in maintaining public confidence in the courts. Both speakers acknowledged the significant contribution of the practising Bar to the administration of justice, with Justice McHugh quoting Sir Owen Dixon on the dignity and importance of advocacy. Justice McHugh indicated his intention to continue serving the law in some capacity despite his compulsory retirement.