Ceremonial - Swearing in of Mr Justice McHugh - Canberra

This matter concerns the ceremonial swearing-in of Mr Justice Michael Hudson McHugh as a Justice of the High Court of Australia. The proceedings took place on Tuesday, 14 February 1989, in Canberra. Present on the Bench were the Chief Justice of Australia, Mason CJ, and other distinguished members of the judiciary, including Chief Justices of various State Supreme Courts and the Chief Justice of the Supreme Court of the Australian Capital Territory. The Bar Table was occupied by the Attorney-General for the Commonwealth, Lionel Bowen, numerous Solicitors-General representing the Commonwealth and the States, and representatives of legal professional bodies.

The primary legal issue before the Court was the formal admission of Mr Justice McHugh to the High Court. This involved the presentation of his Commission of Appointment, issued by the Governor-General, Sir Ninian Stephen, and the subsequent administration of the Oath of Allegiance and the Judicial Oath. The Commission itself was issued under the hand of the Governor-General, acting with the advice of the Federal Executive Council, and pursuant to section 72 of the Constitution.

The proceedings were conducted in accordance with established constitutional and ceremonial practice for the appointment of a Justice to the High Court. Mason CJ formally invited Mr Justice McHugh to enter the Court and subsequently to take the required oaths. Mr Justice McHugh then affirmed his allegiance to Her Majesty Queen Elizabeth the Second and swore to uphold the law. The Registrar formally presented the Commission of Appointment, detailing the appointment of Mr Justice McHugh, a former Judge of the Court of Appeal and Supreme Court of New South Wales, to the High Court.