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

[2017] HCATrans 10

[2017] HCATrans 010

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 TUESDAY, 31 JANUARY 2017, AT 3.28 PM

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

Mr M. O’Farrell SC, Solicitor‑General for the State of Tasmania representing the President of the Tasmanian Bar

Mr N. Hutley SC, President of the New South Wales Bar Association

Ms J. Batrouney QC, President of the Victorian Bar

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

Mr C. Hughes QC, President of the Bar Association of Queensland

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

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

Mr R. Niall QC, Solicitor‑General for the State of Victoria

Mr P. Quinlan SC, Solicitor‑General for the State of Western Australia

Ms F. McLeod SC, President of the Law Council of Australia

Mr P. O’Sullivan QC, President of the Australian Bar Association

Mr W. Alstergren QC, Vice President of the Australian Bar Association

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

Mr D. Jackson AM QC

Mr D. Bennett AC QC

Mr P. Greenwood SC

Ms J. Needham SC

Mr A. Maryniak QC

KIEFEL CJ:   Mr O’Farrell, representing the President of the Tasmanian Bar.

MR O’FARRELL:   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:

Christopher James Gunson who ranks in seniority after Philip Louis Jackson

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

MR HUTLEY:   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:

Christopher Peter O’Donnell who ranks in seniority after Jeremy Christopher Giles

Roger David Marshall who ranks in seniority after Christopher Peter O’Donnell

Victor Fraser Kerr who ranks in seniority after Roger David Marshall

Nicholas Edward Chen who ranks in seniority after Victor Fraser Kerr

Adam Craig Casselden who ranks in seniority after Nicholas Edward Chen

David Tofic Kell who ranks in seniority after Adam Craig Casselden

Scott Anthony Goodman who ranks in seniority after David Tofic Kell

Katrina Jane Williams who ranks in seniority after Scott Anthony Goodman

Katherine Marie Richardson who ranks in seniority after Katrina Jane Williams

Alexander Tamerlane Sinclair Dawson who ranks in seniority after Katherine Marie Richardson

Jason Anthony Christian Potts who ranks in seniority after Alexander Tamerlane Sinclair Dawson

Scott Michael Nixon who ranks in seniority after Jason Anthony Christian Potts

Nicholas James Owens who ranks in seniority after Scott Michael Nixon

Kara Natalie Shead who ranks in seniority after Nicholas James Owens

Doran Lane Cook who ranks in seniority after Kara Natalie Shead

KIEFEL CJ:   Ms Batrouney, President of the Victorian Bar.

MS BATROUNEY:   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:

Michael Patrick Cahill who ranks in seniority after Daniel David Gurvich

Rozeta Stoikovska who ranks in seniority after Michael Patrick Cahill

Timothy John Seccull who ranks in seniority after Rozeta Stoikovska

David Chaworth Hallowes who ranks in seniority after Timothy John Seccull

John Richard Valentine Kelly who ranks in seniority after David Chaworth Hallowes

Julie Condon who ranks in seniority after John Richard Valentine Kelly

Penelope Anna Neskovcin who ranks in seniority after Julie Condon

Amanda Claire Fox who ranks in seniority after Penelope Anna Neskovcin

Daniel Irving Star who ranks in seniority after Amanda Claire Fox

Timothy James Francis McEvoy who ranks in seniority after Daniel Irving Star

Paul Xavier Connor who ranks in seniority after Timothy James Francis McEvoy

Jonathan Lewis Evans who ranks in seniority after Paul Xavier Connor

Hamish Nicholas Gareth Austin who ranks in seniority after Jonathan Lewis Evans

Tom Davidson Cordiner who ranks in seniority after Hamish Nicholas Gareth Austin

Andrew Thomas Broadfoot who ranks in seniority after Tom Davidson Cordiner

Theodoros Kassimatis who ranks in seniority after Andrew Thomas Broadfoot

Daniel Joseph Crennan who ranks in seniority after Theodoros Kassimatis

Michael Isaac Borsky who ranks in seniority after Daniel Joseph Crennan

KIEFEL CJ:   Mr Robertson, 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 Senior Counsel for the State of South Australia.

They are:

Graham Donald Edmonds‑Wilson who ranks in seniority after John Robert Rau

Scott Grant Henchliffe who ranks in seniority after Graham Donald Edmonds‑Wilson

Simon David Ower who ranks in seniority after Emily Fleur Telfer

Michael Jonathan Wait who ranks in seniority after Simon David Ower

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

MR HUGHES:   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:

Christopher James Murdoch who ranks in seniority after Ronald Shaw Ashton

Matthew Thomas Brady who ranks in seniority after Bernard Thomas Porter

Vicki Ann Loury who ranks in seniority after Matthew Thomas Brady

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:

Darren John Jackson who ranks in seniority after John Basil Blackburn

Amanda Louise Forrester who ranks in seniority after Darren John Jackson

Carmel Barbagallo who ranks in seniority after Amanda Louise Forrester

May it please the Court.

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

I acknowledge the presence in Court today of the Chief Justice of Western Australia, the President and representatives of the Bar Associations of the States and Territories, the President of the Australian Bar Association, the President of the Law Council of Australia, the Solicitors‑General for Tasmania, Queensland, Victoria and Western Australia and the presence at the Bar table of Mr Jackson, Mr Bennett, Mr Greenwood, Mr Sheahan, Mr Harris, Ms Needham and Mr Cobden of Senior Counsel.

We are joined on the Bench today by my former colleague, and friend, the Honourable Susan Crennan AC. 

On behalf of the members of the Court, I congratulate the new Senior Counsel.  This is a happy occasion for the families of the new Senior Counsel.  My former colleague is here to share this occasion with her son, Daniel Crennan.  The Court extends a welcome to all your families.  A person does not achieve the status of Senior Counsel without the support that only a family can give.  They, too, are to be congratulated.

Your attendance and that of your associations acknowledge the position of this Court at the apex of our judicial system.  It is fitting therefore that on your appointment as Senior Counsel for your State or Territory you make this journey to the Court.  To do so is also to acknowledge the strong relationship between the courts and the Bar, which has long been a hallmark of our legal system.  The discharge of the work of the courts would be so much more difficult were they not able to rely upon counsel to conduct litigation efficiently, according to the ethical standards of the Bar, and to fulfil their duty to the Court.  This is even more so with respect to Senior Counsel.

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

You have reached a high point of your professional life as a barrister.  However, rather than having reached a destination, you have begun a new phase.  You will have much to learn in your new role, especially about leadership.  With your new role comes responsibilities.  You will no doubt be expected to participate in the affairs of your Bar and to lend a hand when important issues arise.  You will be expected to guide and assist junior members of the Bar.  Much of that guidance will be by way of example, by the way in which you conduct yourself.

Before there were King’s Counsel there were Serjeants‑at‑Law.  Their standard of ethics required them to deal with matters in the court expeditiously, and not to prolong them for gain.  They were obliged to dissuade clients from pursuing unjust causes and to advise them to abandon claims if they appeared in the wrong.  These standards no doubt reflected religious and moral philosophies at the times.  However, these ethical principles have survived as part of the standards which govern the practice of the Bar.

The demise of the Serjeants serves as a reminder that things can change and that relevance may be lost.  An elite group will only continue as such if those things that set them apart from others are maintained.  In the case of Senior Counsel they are the maintenance of the highest standards of ethical conduct, a standard of excellence as a lawyer and advocate and a role of leadership within the Bar.  Those who have appointed you obviously have confidence that you can and will maintain these standards.

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

The Court will now adjourn until 10.15 am on Wednesday, 1 February.

AT 3.42 PM THE COURT ADJOURNED