Ceremonial - QCs

[2004] HCATrans 1

[2004] HCATrans 001

H I G H   C O U R T   O F   A U S T R A L I A

CEREMONIAL SITTING

ON THE OCCASION

OF

ANNOUNCEMENT OF APPOINTMENTS

OF

QUEEN’S COUNSEL AND SENIOR COUNSEL

Coram:   GLEESON CJ

McHUGH J
GUMMOW J
KIRBY J
HAYNE J
CALLINAN J
HEYDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 2 FEBRUARY 2004, AT 3.30 PM

The following Queen’s Counsel and Senior Counsel were present in Court:

Mr D.F. Jackson QC

Mr J.S. Coombs QC

Mr D. Bennett QC, Solicitor‑General for the Commonwealth of Australia

Mr I. Viner AO QC, President of the Western Australian Bar Association

Mr I. Harrison SC, President of the New South Wales Bar Association

Mr T. Glynn QC, President of the Australian Bar Association

Mr R. Brett QC, President of the Victorian Bar

Mr G. Martin SC, President of the Bar Association of Queensland

Mr S. Estcourt QC, President of the Tasmanian Independent Bar

Mr R.L. Crowe SC

Mr P.R. Arden SC

Mr M.S. Willmott SC

Mr H.N. Kelly SC

Mr J.R. Wilson SC

Mr L.M.B. Lamprati SC

Mr I.D.M. Roberts SC

Mr P.J. Doherty SC

Mr R.T. McKeand SC

Mr C.C. Hodgekiss SC

Mr J.S. Wheelhouse SC

Mr D.R. Conti SC

Mr J.P. Phillips SC

Mr H.J. Marshall SC

Mr R.G. Kaye SC

Mr D.L. Williams SC

Ms A.H. Bowne SC

Mr P.W.J. Gray SC

Mr T.A. Alexis SC

Mr R.J. Powell SC

Mr J.J.E. Fernon SC

Mr P.T. Taylor SC

Mr T.D. Blackburn SC

Ms E.M. Olsson SC

Mr J.W.J. Stevenson SC

Ms C.E. Adamson SC

Mr A.G. Bell SC

Mr C.R.C. Newlinds SC

Mr J.S. Stratton SC

Mr A.B.S. Franklin SC

Mr G.J. Thomas SC

Mr P.J. Riordan SC

Mr J.R. Champion SC

Mr T.J. Ginnane SC

Mr A.C. Neal SC

Mr J.L. Parrish SC

Mr C.J. Delany SC

Mr D.J. O’Callaghan SC

Mr S.G. O’Bryan SC

Mr M. Bromberg SC

Ms C. Randazzo SC

Ms E.A. Strong SC

Ms D.S. Mortimer SC

Ms M.M. Gordon SC

Ms F.M. McLeod SC

Ms K.P. Hanscombe SC

Mr D.H. Tait SC

Mr A.J. Rafter SC

Mr A.R. Philp SC

Mr R.N. Traves SC

Mr P.A. Freeburn SC

Mr P.R. Brebner QC

Mr P.V. Slattery QC

Mr M.D. Walter QC

GLEESON CJ:   Mr Glynn, representing the President of the Australian Capital Territory Bar Association.

MR GLYNN:   May it please the Court, I inform the Court that the following member of the Bar here present has been appointed as Senior Counsel for the Australian Capital Territory:

Robert Leonard Crowe who ranks in seniority after John David Harris

GLEESON CJ:   Thank you, Mr Glynn.  Mr Harrison, President of the New South Wales Bar Association.

MR HARRISON:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed as Senior Counsel for the State of New South Wales.

They are:

Peter Ronald Arden who appears in the Bar list next after Robert Allan Hulme

Michael Sibley Willmott who appears in the Bar list next after Peter Ronald Arden

Hayden Nicholas Kelly who appears in the Bar list next after Michael Sibley Willmott

John Roland Wilson who appears in the Bar list next after Daniel David Feller

Luigi Maria Baliano Lamprati who appears in the Bar list next after John Roland Wilson

Ian Donald Mcalpine Roberts who appears in the Bar list next after Luigi Maria Baliano Lamprati

Phillip James Doherty who appears in the Bar list next after Ian Donald Mcalpine Roberts

Ross Tyndall McKeand who appears in the Bar list next after David Peter Robinson

Christopher Cunningham Hodgekiss who appears in the Bar list next after Harold Gordon Shore

John Scot Wheelhouse who appears in the Bar list next after Christopher Cunningham Hodgekiss

David Roderic Conti who appears in the Bar list next after John Scot Wheelhouse

Jeffrey Paul Phillips who appears in the Bar list next after David Roderic Conti

Hugh Joseph Marshall who appears in the Bar list next after Simon James Harben

Robert George Kaye who appears in the Bar list next after Hugh Joseph Marshall

David Langley Williams who appears in the Bar list next after Robert George Kaye

Angela Helen Bowne who appears in the Bar list next after David Langley Williams

Peter Walter John Gray who appears in the Bar list next after Angela Helen Bowne

Todd Andrew Alexis who appears in the Bar list next after Peter Walter John Gray

Randall James Powell who appears in the Bar list next after Mark Curtis Marien

John Joseph Eymard Fernon who appears in the Bar list next after Randall James Powell

Phillip Thomas Taylor who appears in the Bar list next after John Joseph Eymard Fernon

Thomas Dutton Blackburn who appears in the Bar list next after Phillip Thomas Taylor

Elizabeth Margaret Olsson who appears in the Bar list next after Thomas Dutton Blackburn

James William John Stevenson who appears in the Bar list next after Phillip Richard Boulten

Christine Elizabeth Adamson who appears in the Bar list next after James William John Stevenson

Adam George Bell who appears in the Bar list next after Christine Elizabeth Adamson

Charles Robert Campbell Newlinds who appears in the Bar list next after Adam George Bell

John Stuart Stratton who appears in the Bar list next after Charles Robert Campbell Newlinds

Anthony Blen Stuart Franklin who appears in the Bar list next after John Stuart Stratton

GLEESON CJ:   Thank you, Mr Harrison.  Mr Brett, Chairman of the Victorian Bar.

MR BRETT:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed as Senior Counsel for the State of Victoria.

They are:

Graham John Thomas who ranks in seniority after Pamela Mary Tate

Peter Julian Riordan who ranks in seniority after Graham John Thomas

John Ross Champion who ranks in seniority after Peter Julian Riordan

Timothy James Ginnane who ranks in seniority after John Ross Champion

Anthony Crofton Neal who ranks in seniority after Timothy James Ginnane

James Lloyd Parrish who ranks in seniority after Anthony Crofton Neal

Christopher James Delany who ranks in seniority after Jonathan James Noonan

David John O’Callaghan who ranks in seniority after Graeme Stewart Clarke

Stephen Guy O’Bryan who ranks in seniority after Cameron Clyde MacAulay

Mordecai Bromberg who ranks in seniority after Neil John Clelland

Carmen Randazzo who ranks in seniority after James William Sturrock Peters

Elspeth Anne Strong who ranks in seniority after Carmen Randazzo

Debra Sue Mortimer who ranks in seniority after Elspeth Anne Strong

Michelle Marjorie Gordon who ranks in seniority after Debra Sue Mortimer

Fiona Margaret McLeod who ranks in seniority after Michelle Marjorie Gordon

Kristine Patricia Hanscombe who ranks in seniority after Fiona Margaret McLeod

GLEESON CJ:   Thank you, Mr Brett.  Mr Martin, President of the Bar Association of Queensland.

MR MARTIN:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed as Senior Counsel for the State of Queensland.

They are:

David Howard Tait who ranks in seniority after Keith Neale Wilson

Anthony John Rafter who ranks in seniority after David Howard Tait

Andrew Ross Philp who ranks in seniority after Anthony John Rafter

Roger Norman Traves who ranks in seniority after Andrew Ross Philp

Paul Alexander Freeburn who ranks in seniority after Roger Norman Traves

GLEESON CJ:   Thank you, Mr Martin.  Mr Glynn, representing the President of the South Australian Bar Association.

MR GLYNN:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed as Queen’s Counsel for the State of South Australia:

They are:

Peter Robert Brebner who ranks in seniority after David Cameron Lovell

Paul Vincent Slattery who ranks in seniority after Paul Andrew Cuthbertson

Michael David Walter who ranks in seniority after Paul Vincent Slattery

GLEESON CJ:   Thank you, Mr Glynn.  Does any member of the Bar move?

On behalf of all the members of the Court, I congratulate the newly appointed Senior Counsel.  Your appointments are a public recognition of your professional eminence; a recognition that comes primarily from your professional colleagues.

For many years it has been customary for Senior Counsel to make formal announcements of their appointment to the Supreme Court of the State or Territory in which they have their principal practice.  Making such announcements in this Court at the commencement of law term came about with the development of a national bar.  Although, as in most federations, the legal profession is organised and administered primarily on a State basis, arrangements for reciprocity of admission and recognition of status mean that there is now a high degree of mobility between jurisdictions.  This works to the advantage of clients and of the administration of justice.  It also fosters professional competition.

Appointment as Senior Counsel has never been regarded in any Australian jurisdiction as something to which a barrister is entitled simply by reason of having practised for a sufficient length of time.  It is a formal recognition of the professional standing of those whose learning, skill and ability have come to be regarded by their peers, and by the relevant appointing authority, as warranting such a distinction.  Appointment as Senior Counsel carries with it substantial responsibilities as well as privileges.  You now occupy a position of leadership in your profession, and your conduct will be taken as an example by your juniors.  Solicitors, members of the public and courts will place special reliance on your ability and, as a rule, the work that you will be given to do, and the cases you will conduct, will be more onerous than before.

An aspect of what is sometimes called the adversarial system of litigation is that it is closely related to the impartiality and independence of the judges who decide the outcome.  The parties and their lawyers choose the issues to be decided in a case, the evidence that will be called, and the arguments that will be advanced.  As a consequence, the judge is able to act, and to be seen to act, as an impartial and independent adjudicator.  In a criminal trial, the guilt or innocence of an accused person will be decided by a judge, or a jury instructed by a judge, who has taken no part in the decision to prosecute the accused, or in the framing of the charge, or in the choice of witnesses.  In a civil trial, the judge similarly remains neutral.  In an appeal, it is the parties and their lawyers who define the grounds of appeal and present the material on which the appeal is decided.  The adversarial system and the public and official neutrality of the decision makers are closely related.

The capacity of such a system to produce a just outcome depends upon the skill and integrity of the professional representatives of the parties.  The ability of courts to do justice depends upon the ability of lawyers to assist the court.  The acceptance of an obligation to assist the court, an obligation that may override even a duty to the client, is the fundamental condition upon which barristers are given a right of audience in court.  The services of barristers are provided to courts as well as to clients; a matter that is sometimes left out of account in consideration of how those services are best arranged in the public interest.  The role of the courts as consumers of legal services is often completely overlooked by people who regard themselves as economic rationalists.

You have now reached a milestone in your professional careers.  You are faced with new challenges and new opportunities.  Some of you have been accompanied on this occasion by members of your family and friends.  The Court is delighted to welcome their participation in this happy occasion.  I trust that each of you will find personal and professional satisfaction in your new rank.  Thank you for the courtesy you have shown in informing the Court of your appointments. 

The Court will adjourn until 10.15 tomorrow morning.

AT 3.45 PM THE COURT ADJOURNED