Ceremonial Sitting on the Occasion of the Swearing-In of the Honourable Justice Steward

This matter concerns the ceremonial swearing-in of the Honourable Justice Simon Harry Peter Steward as a Justice of the High Court of Australia. The proceedings involved the presentation of Justice Steward's Commission of Appointment by the Governor-General, acting with the advice of the Federal Executive Council and under section 72 of the Constitution and section 5 of the High Court of Australia Act 1979. The Chief Justice presided over the ceremony.

The primary legal issue was the formal appointment and induction of Justice Steward into the High Court. This involved the administration of the Oath of Allegiance and of Office, as required by law, and the formal acceptance of his commission. The Chief Justice also addressed practical considerations arising from COVID-19 restrictions that had impacted the usual arrangements for such a ceremony.

The court applied the constitutional and statutory provisions governing the appointment of Justices to the High Court, specifically section 72 of the Constitution and the High Court of Australia Act 1979. The ceremony itself, including the taking of oaths and the presentation of the commission, served to give legal effect to the appointment and to formally induct Justice Steward into his judicial office. The Chief Justice's remarks highlighted the importance of these formal steps in the judicial process.