Ceremonial Sitting On the Occasion Of the Announcement Of Appointment Of Senior Counsel

[2018] HCATrans 5

[2018] HCATrans 005

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

BELL J
GAGELER J
KEANE J
NETTLE J
GORDON J

EDELMAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 5 FEBRUARY 2018, AT 3.30 PM

The following Queen’s Counsel, Senior Counsel and counsel were seated at the Bar table:

Mr A. Moses SC, President of the New South Wales Bar Association

Ms S. Brownhill SC, Solicitor‑General for the Northern Territory

Dr M. Collins QC, President of the Victorian Bar

Mr M. Howard SC, President of the Western Australian Bar Association

Mr S. Thompson QC, President of the Bar Association of Queensland

Mr P. Dunning QC, Solicitor‑General of the State of Queensland

Mr P. Garrisson AM SC, Solicitor‑General for the Australian Capital Territory

Mr N. Hutley SC, President of the Australian Bar Association

Mr I. Robertson SC, President of the South Australian Bar Association

Mr C. Gunson SC, President of the Tasmanian Bar

Mr K. Archer, President of the Australian Capital Territory Bar Association

Mr D. Bennett AC QC

Mr C. Hughes QC

The Honourable Mary Gaudron QC, retired Justice of the High Court of Australia

The Honourable Thomas Bathurst AC, Chief Justice of New South Wales

The Honourable James Allsop AO, Chief Justice of the Federal Court of Australia

The Honourable Will Alstergren, Deputy Chief Justice of the Family Court of Australia and Chief Judge of the Federal Circuit Court of Australia

KIEFEL CJ:   Mr Moses, President of the New South Wales Bar Association.

MR MOSES:   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:

Gregory Richard Waugh who ranks in seniority after Doran Lane Cook

Lesley Anne Whalan who ranks in seniority after Gregory Richard Waugh

Michael Luscombe Wright who ranks in seniority after Lesley Anne Whalan

Melissa Anne Gillies who ranks in seniority after Michael Luscombe Wright

Michael Robert Elliott who ranks in seniority after Melissa Anne Gillies

Naomi Louise Sharp who ranks in seniority after Michael Robert Elliott

Francis Paul Hicks who ranks in seniority after Richard Craig Scruby

Katharine Clare Morgan who ranks in seniority after Francis Paul Hicks

Huw Baker who ranks in seniority after Katharine Clare Morgan

Ruth Clare Anne Higgins who ranks in seniority after Huw Baker

May it please the Court.

KIEFEL CJ:   Ms Brownhill, Solicitor‑General for the Northern Territory.

MS BROWNHILL:   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 Northern Territory. 

He is:

Miles Andrew Crawley who ranks in seniority after Matthew Wynton Nathan

KIEFEL CJ:   Mr Collins, President of the Victorian Bar.

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 and for the State of Victoria.

They are:

William Guy Gilbert who ranks in seniority after Michael Isaac Borsky

Mark John Gibson who ranks in seniority after William Guy Gilbert

Marcus Clarke who ranks in seniority after Mark John Gibson

Michael Wolf Wise who ranks in seniority after Paul Lawrence Ehrlich

Paul James Hayes who ranks in seniority after Michael Wolf Wise

Craig William Dowling who ranks in seniority after Paul James Hayes

Scott William Stuckey who ranks in seniority after Craig William Dowling

Michael Geoffrey Rees Gronow who ranks in seniority after Scott William Stuckey

Garry John Fitzgerald who ranks in seniority after Michael Geoffrey Rees Gronow

Julian Paul McMahon who ranks in seniority after Garry John Fitzgerald

Scott Robert Johns who ranks in seniority after Julian Paul McMahon

Suresh Rajkumar Senathirajah who ranks in seniority after Scott Robert Johns

Minal Vohra who ranks in seniority after Suresh Rajkumar Senathirajah

David Joseph Nicolas Purcell who ranks in seniority after Minal Vohra

Mark Anthony Irving who ranks in seniority after David Joseph Nicolas Purcell

Stephen Howard Parmenter who ranks in seniority after Mark Anthony Irving

Claire Michelle Harris who ranks in seniority after Stephen Howard Parmenter

Robert Andrew Heath who ranks in seniority after Claire Michelle Harris

Lisa Michelle Nichols who ranks in seniority after Robert Andrew Heath

Sally Amanda Flynn who ranks in seniority after Lisa Michelle Nichols

Stewart John Maiden who ranks in seniority after Sally Amanda Flynn

Lisabella Gianna De Ferrari who ranks in seniority after Stewart John Maiden

May it please the Court.

KIEFEL CJ:   Mr Howard, President of the Western Australian Bar Association.

MR HOWARD:   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 Western Australia.

They are:

Stephen James Wright who ranks in seniority after Carmel Barbagallo

Amanda Jayne Burrows who ranks in seniority after Stephen James Wright

Simon Dieter Freitag who ranks in seniority after Amanda Jayne Burrows

May it please the Court.

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

MR THOMPSON:   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 in and for the State of Queensland.

They are:

Justin Andrew Greggery who ranks in seniority after Darlene Ann Skennar

John William Peden who ranks in seniority after Justin Andrew Greggery

Benjamin David Horswill Job who ranks in seniority after John William Peden

Melanie Heather Hindman who ranks in seniority after Benjamin David Horswill Job

Michael Robert Hodge who ranks in seniority after Melanie Heather Hindman

Michael Anthony Williamson who ranks in seniority after Michael Robert Hodge

May it please the Court.

KIEFEL CJ:   Does any member of the Bar move a motion?

Present in Court today is the Honourable Mary Gaudron, a former Justice of this Court.  Also present are the Chief Justice of the Federal Court of Australia, the Chief Justice of New South Wales and the Deputy Chief Justice of the Family Court of Australia and Chief Judge of the Federal Circuit Court, the President of the Australian Bar Association, the President and representatives of the Bar Associations of the States and Territories and the Law Council of Australia, and the Solicitors‑General for the Australian Capital Territory, Queensland, Victoria and the Northern Territory, and a former Solicitor‑General for the Commonwealth.

Your attendance and that of your Bar Associations acknowledges the position of this Court at the apex of our judicial system.  It is fitting that on your appointment as Senior Counsel for your State or Territory you make this journey to the Court and have your appointments as Senior Counsel announced to it.  To do so is to acknowledge the relationship between the courts and the Bar and that a barrister’s first duty is to the court.  The strength of the relationship between the courts and the Bar has long been a significant feature of our legal system.  The discharge of the work of the courts would be much more difficult were they 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.

On behalf of the members of the Court, I congratulate the new Senior Counsel.  The Court extends a welcome to your families – your parents, spouses, partners and other family members.  Your journey to the pinnacle of your profession was not taken alone.  This point could not have been reached without the considerable support and encouragement of your families for whom this is, no doubt, an especially happy occasion.

Your appointment as Senior Counsel is a recognition of your legal knowledge, your skill and your ability as an advocate.  The appointment of Senior Counsel is not a recognition of a person’s longevity as a barrister.  It is made because the nature and extent of the person’s practice suggests that she or he is able to undertake complex and difficult work and to lead others in the conduct of litigation.  It is made because he or she has the personal qualities necessary for leadership at the Bar. 

Your appointment marks a new phase as a barrister.  All that has gone before has been but preparation for your new role.  There is much to be learned, more perhaps than you presently realise.  I do not speak so much about your work taking you into new areas of the law, as undoubtedly it will.  It is your new responsibilities of which I speak.  Being Senior Counsel is not just about acquiring a higher status within the profession.  With that status comes responsibilities. The courts will expect more of you.  Your Bar Associations will expect you to participate more fully in the affairs of the Bar and to assist when important issues arise.  You will be expected to provide guidance to junior members of the Bar and above all you will be expected to conduct yourself at all times with the dignity and civility that your position demands.

Before there were King’s Counsel there were Serjeants‑at‑Law.  The professional and ethical standards which they imposed upon themselves were high.  Their rules of conduct required them to deal with matters in court expeditiously, and not to prolong them for personal gain.  They were obliged to dissuade clients from pursuing unjust causes and to advise them to abandon claims if they appeared to be in the wrong.  These standards no doubt reflected the religious and moral philosophies of their times, but the essential principles have survived as part of the standards which govern practice at the Bar.  Now, as before, the maintenance of them may require of you steadfastness and even courage when clients and those instructing you wish you to take another, less noble course.

Serjeants‑at‑Law passed from history.  This serves to remind us that circumstances can change and that elite groups do not always survive.  They will not survive unless they are able to maintain those qualities which set them apart from others.  Those qualities, obviously enough, include excellence as a lawyer and as an advocate.  They also include that quality which is the hallmark of a true profession rather than a business enterprise – independence.  It is the independence of the barrister which allows her or him fearlessly to give the advice necessary and which allows him or her to maintain the highest standards of conduct and ethics.  It is to you, Senior Counsel, that the junior Bar will look and learn.  It is in this way that the profession may continue.

Your appointments have been made for the benefit of the Bar.  Those who have appointed you obviously have confidence in your ability to fulfil the role required of you.

The Court thanks you for the courtesy you have shown in informing it of your appointments.

The Court will now adjourn until 10.15 tomorrow.

AT 3.42 PM THE COURT ADJOURNED