Ceremonial Sitting on the Occasion of the Announcement of Appointment of Senior Counsel

[2022] HCATrans 163

[2022] HCATrans 163

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

THE ANNOUNCEMENT OF APPOINTMENT

OF

SENIOR COUNSEL

Coram:   KIEFEL CJ

GAGELER J
KEANE J
GORDON J
EDELMAN J
STEWARD J
GLEESON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 10 OCTOBER 2022, AT 10.30 AM

The following King’s Counsel and Senior Counsel were seated at the Bar table:

Ms Gabrielle Bashir SC, President of the New South Wales Bar Association

Ms Rosin Annesley KC, President of the Victorian Bar

Mr Robert Orr KC, for the Commonwealth of Australia

Mr Tom Sullivan KC, President of the Bar Association of Queensland

Mr Ian Robertson SC, President of the South Australian Bar Association

Dr Matthew Collins AM KC, President of the Australian Bar Association, for the President of the Western Australian Bar Association and for the Tasmanian Bar Association

Members of the Judiciary seated within the Court:

The Honourable Chief Justice Peter Quinlan, Chief Justice of the Supreme Court of Western Australia

The Honourable Chief Justice William Alstergren, Chief Justice of the Federal Circuit and Family Court of Australia

The Honourable Justice Paul Coghlan, Supreme Court of Victoria

KIEFEL CJ:   Ms Bashir SC, President of the New South Wales Bar Association.

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

They are:

Frank Anthony Veltro who ranks in seniority after Elisabeth Mary Peden

Vahan Varoujan Bedrossian who ranks in seniority after Frank Anthony Veltro

Jason Downing who ranks in seniority after Vahan Varoujan Bedrossian

Andrew Francis Fernon who ranks in seniority after Jason Downing

Ken Leslie McKay who ranks in seniority after Andrew Francis Fernon

Ben Frederick Katekar who ranks in seniority after Justin Adrian Nash Hogan-Doran

Madeleine Jean Avenell who ranks in seniority after Ben Frederick Katekar

Andre Raymond Zahra who ranks in seniority after Andrew Charles Harding

Thomas Joseph Brennan who ranks in seniority after Richard William Potter

James Stuart Emmett who ranks in seniority after Thomas Joseph Brennan

Christopher Hamish Withers who ranks in seniority after James Stuart Emmett

Houda Younan who ranks in seniority after Angus Ralston Lang

Sophie Genevieve Callan who ranks in seniority after Houda Younan

Justin Richard Williams who ranks in seniority after Sophie Genevieve Callan

Chloe Anne Burnett who ranks in seniority after Yaseen Shariff

Timothy David Castle who ranks in seniority after Perry David Herzfeld

May it please the Court.

KIEFEL CJ:   Ms Annesley KC, President of the Victorian Bar.

MS ANNESLEY:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed as King’s Counsel or Senior Counsel in the State of Victoria.

They are:

Donald James Farrands who ranks in seniority after Robert Graham Craig

Lisa Janelle Hannon who ranks in seniority after Peter Richard Fary

Julianne Elizabeth Jaques who ranks in seniority after Lisa Janelle Hannon

Paul Tasman Vout who ranks in seniority after Julianne Elizabeth Jaques

Justin Stuart Graham who ranks in seniority after Patrick Joseph Wheelahan

Peter Harcourt Wallis who ranks in seniority after Justin Stuart Graham

Megan Tittensor who ranks in seniority after Peter Harcourt Wallis

Alistair David Pound who ranks in seniority after Megan Tittensor

Elizabeth Helen Ruddle who ranks in seniority after Alistair David Pound

Benno Matthew Ihle who ranks in seniority after Elizabeth Helen Ruddle

Patrick Leo Bourke who ranks in seniority after Benno Matthew Ihle

Georgina Anne Coghlan who ranks in seniority after Patrick Leo Bourke

Christopher Thomas Carr who ranks in seniority after Georgina Anne Coghlan

Daniel James McInerney who ranks in seniority after Christopher Thomas Carr

May it please the Court.

KIEFEL CJ:   Mr Orr KC for the Commonwealth of Australia.

MR ORR:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed as King’s Counsel for the Commonwealth.

They are:

Peter Alan Quiggin who ranks in seniority after Guy Aitken

Leo James Hardiman who ranks in seniority after Peter Alan Quiggin

Timothy Mark Begbie who ranks in seniority after Leo James Hardiman

Andrew Paul Berger who ranks in seniority after Timothy Mark Begbie

KIEFEL CJ:   Mr Sullivan KC, President of the Bar Association of Queensland.

MR SULLIVAN:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed as King’s Counsel in the State of Queensland.

They are:

Errol John Morzone who ranks in seniority after Gim John David Del Villar

Gavin John Patrick Handran who ranks in seniority after Deborah Ann Holliday

Christian Jennings who ranks in seniority after Gavin John Patrick Handran

Joshua Christopher Trevino who ranks in seniority after Jodie Ann Wooldridge

Scott Burnett Hooper who ranks in seniority after Joshua Christopher Trevino

May it please the Court.

KIEFEL CJ:   Mr Robertson SC, President of the South Australian Bar Association.

MR ROBERTSON:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed as King’s Counsel or Senior Counsel in the State of South Australia.

They are:

Lucy Morgan Boord who ranks in seniority after Meredith Gwendoline Dickson

Todd Nathan Golding who ranks in seniority after Anthony Brenton Allen

Benjamin Joseph Doyle who ranks in seniority after Todd Nathan Golding

Kerry Emma Clark who ranks in seniority after Benjamin Joseph Doyle

Kristopher Gareth Handshin who ranks in seniority after Stephen Andrew McDonald

May it please the Court.

KIEFEL CJ:   Mr Collins KC, President of the Australian Bar Association, for the Western Australian Bar Association and for the Tasmanian Bar Association.

MR COLLINS:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed as Senior Counsel in the State of Western Australia.

They are:

Graham Droppert who ranks in seniority after Justin Campbell Whalley

Penelope Jane Giles who ranks in seniority after Graham Droppert

Alan John Sefton who ranks in seniority after Penelope Jane Giles

Matthew Curwood who ranks in seniority after Alan John Sefton

Kim Rosemary Lendich who ranks in seniority after Matthew Curwood

Lindsay Makinson Fox who ranks in seniority after Kim Rosemary Lendich

May it please the Court, I inform the Court that the following member of the Bar here present has been appointed as Senior Counsel in the State of Tasmania.

He is:

Anthony Charles Roblin Spence who ranks in seniority after Gregory Barnes

May it please the Court.

KIEFEL CJ:   Are there any motions from the Bar Table?

Present in the Court today are the Honourable Peter Quinlan, Chief Justice of Western Australia, the Honourable William Alstergren, Chief Justice of the Federal Circuit and Family Court of Australia, the Honourable Justice Paul Coghlan of the Supreme Court of Victoria, and in addition to the Presidents of the Bar Associations from whom we have just heard or their representatives, Mr Liveris, President of the Law Council of Australia.

On behalf of the Court, I congratulate the new silks.  It is fitting that upon your appointment as Senior Counsel or King’s Counsel for your State or Territory you journey to this Court and have your appointment announced.  Your attendance, and that of your Bar Association, acknowledges the relationship between the courts and the Bar, and the position of this Court at the apex of our judicial system.  The strong relationship between the courts and the Bar and the rule that a barrister’s first duty is to the court has long been an important feature of our legal system.  It would not be possible for the courts to discharge their work if they were not able to rely upon counsel to conduct litigation efficiently and in accordance with the high standards of conduct and ethics which may be expected of members of the profession of barristers.

The Court extends a welcome to your families.  Your journey to the pinnacle of your profession was not taken alone and it has taken many years.  Your appointment is not likely to have been possible without the considerable support and encouragement on the part of your families, for whom this is no doubt an especially happy occasion.

The grant of silk is recognition of your legal knowledge, your ability as an advocate and your display of qualities which have marked you out as leaders of the Bar.  A person is not appointed to silk in recognition merely because of his or her long service as a barrister.  An appointment is justified only where it is obvious that the person’s ability as a lawyer and advocate is outstanding.  This is usually evident from the nature and extent of a person’s practice, the complexity and difficulty of the work they undertake, and from the fact that the person has routinely led more junior barristers in the conduct of litigation.

The years at the Bar which now lie ahead of you, as Senior Counsel, will be the most interesting and challenging of your professional life.

The office of Senior Counsel, more specifically King’s Counsel, dates back over 400 years.  The precursors were Serjeants‑at‑Law.  Sir Francis Bacon was the first person to be granted the office of King’s Counsel by letters patent which referred to him as “one of our counsel learned in the law” ^[1].  King’s Counsel were appointed to give assistance and advice to the law offices of the Crown.

[1]        Holdsworth, "Rise of the Order of King's Counsel and Its Effects on the Legal Profession" (1920) 36 Law Quarterly Review 212 at 214.

During the 18th century, King’s Counsel ceased to be assistants of the Attorney‑General and the Solicitor‑General.  The position became one simply of rank and precedence superior to ordinary counsel.  Their establishment contributed to the decline of the Serjeants.  By the 19th century nearly all barristers with high aspirations chose the silk gown of a King’s Counsel over the coif of a Serjeant.  The passing of the Serjeants from history serves to remind us that circumstances may change and the Bar may need to adapt whilst at the same time holding to its core values.

There has been some controversy over which was the first formal appointment of a silk at the Australian Colonial Bar, although there is good reason to believe it was John Hubert Plunkett of New South Wales in May 1856[2].  The delay in formally granting silk has been attributed to doubts about whether the Governor of a colony had power to issue patents of that kind[3].  But the appointment of Plunkett served to spur on the other colonial governments to appoint their own silks with Tasmania, Victoria and Queensland appointing their first Queen’s Counsel in 1861, 1863 and 1865 respectively.

[2]        Bennett, "Of Silks and Serjeants" (1978) 52 Australian Law Journal 264 at 270.

[3]        Bennett, A History of the New South Wales Bar (1969) at 236.

While the numbers of Senior Counsel in Australia have grown since those first appointments in the mid-19th century, the significance of the appointment remains unchanged.  Taking silk remains about more than just acquiring a higher status within the profession.  With the new status comes responsibilities and they will require you to think beyond yourself and your own interests.  More will be expected of you – by the courts, by the professions and by your Bar Associations.

The junior Bar will look to you silks for guidance and example.  You must be conscious of this at all times and conduct yourself with the dignity and civility that your position demands.

Your appointment is made for the benefit of the profession as well as in recognition of your abilities.  This is how the profession may continue.  The profession will survive if it maintains that which sets it apart from other providers of services.  Its hallmarks are integrity and independence.  The courts expect every barrister to uphold the professional and ethical standards of the profession, but they expect silks to be exemplars of such conduct.

Your role as a leader of the Bar will involve you even more closely with your Bar Associations.  The Associations will expect you to participate in the affairs of the Bar, to guide and educate the junior Bar, to assist when important issues arise and to share in the concerns about challenges facing the profession.  Those who have appointed you evidently have confidence not only in your abilities as a lawyer and advocate but also that you will fulfil the obligations of a silk.

The tradition of this Court recognising the appointment of the nation’s silks is of longstanding.  It was reported in a newspaper in 1921 that:

“Sir Adrian Knox, Chief Justice of the High Court, and his brother Justices Higgins, Duffy, Powers and Starke, looked very hot as they took their seats . . . this morning, adorned by long bottomed wigs reaching well down over their shoulders . . . Mr H.W. Bryant and Mr J.H. MacFarlane intimated that they had been appointed as His Majesty’s counsel . . . Each member of the Court smiled approvingly, and the Chief Justice remarked ‘I am glad to hear it.  I congratulate you both.’” ^[4]

[4]        "New King's Counsel", The Ballarat Star (15 February 1921).

The ceremonies today may not be quite so brief, yet they mark the continuation of a tradition.  That tradition may have been disrupted by the COVID‑19 pandemic, but the Court is now glad to be in a position to officially congratulate the new silks on their appointment and to acknowledge the significant office of which they are now a part.

The Court thanks you for the courtesy you have shown in informing it of your appointments and wishes you and your families well for the future.

The Court will now adjourn until 3.30 pm.

AT 10.47 AM THE COURT ADJOURNED