Ceremonial - Welcome - Bell J - Perth - [2009] HCATrans 267

[2009] HCATrans 267

H I G H C O U R T O F A U S T R A L I A

SPECIAL SITTING

WELCOME TO

THE HONOURABLE JUSTICE VIRGINIA MARGARET BELL

PERTH

MONDAY, 12 OCTOBER 2009, AT 9.15 AM

BELL J

Speakers:

Mr D. Stow, President, Law Society of Western Australia

Mr G.R. Donaldson, SC, Vice-President, Western Australia Bar Association

TRANSCRIPT OF PROCEEDINGS

HER HONOUR: Mr Stow.

MR STOW: May it please the Court.

It is a great pleasure to be here this morning on behalf of the Law Society of Western Australia to welcome your Honour Justice Bell to your first sitting in Perth as a Justice of the High Court of Australia.

Your Honour will no doubt be aware we have been very proud of the appointments from Western Australia to the High Court over the years, in particular, of course, your boss, if I can use that expression, his Honour Chief Justice French. We, of course, forgive you for coming from New South Wales.

I would also take this opportunity to thank the Chief Justice speaking this morning at a charity breakfast for the Chief Justice of Western Australia’s Youth Appeal.

The vacancy you have filled, created by the retirement of his Honour Justice Kirby, was seen as a loss to us as he had been very willing to speak at many of the Society’s functions in Perth, despite the inconvenience of having to travel from the east. I would hope we can similarly persuade you, despite the distance, to accept speaking engagements, particularly with your background as being only the fourth woman appointed to the High Court, coupled with your time at Redfern Legal Service and interest in social justice issues.

I am very pleased to observe that your Honour’s appointment takes the number of current female Justices of the High Court to three. I believe role models and gender balance and representation is very important. While much has been done to remove gender bias and issues there is a long way to go. In that regard, I might add my wife and I have three daughters and role models are very important to them, as well as to the community as a whole.

Regretfully, in Western Australia, with a significantly smaller Bar, there are not as many female barristers and consequently a very small pool from which appointments may be made. Having said that, the number of female judges has increased and the Chief Judge of the District Court, her Honour Toni Kennedy, who was in my year at university, was the first female judge appointed to be Chief Judge of the District Court.

Perhaps there is a fourth female High Court Judge sitting amongst us today.

A review of your Honour’s CV makes it clear why you were selected for appointment to the High Court - your Honour’s criminal law experience, first at the Redfern Legal Centre, then as a criminal barrister and more latterly as a Court of Appeal…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2009] HCATrans 267
Decision Date: 12 OCTOBER 2009

CaseChat Overview and Summary

This matter concerns the ceremonial welcome of Justice Virginia Margaret Bell to the High Court of Australia's sittings in Perth. The proceedings involved addresses from Mr D. Stow, President of the Law Society of Western Australia, and Mr G.R. Donaldson, SC, Vice-President of the Western Australia Bar Association, to Justice Bell upon her first sitting in Perth as a Justice of the High Court.

The primary legal issues, though not directly litigated, were implicitly addressed through the speakers' remarks concerning the importance of the High Court sitting in various states, the significance of judicial appointments, and the role of judges in understanding diverse cultural contexts, particularly in relation to Aboriginal Australians. The speakers also touched upon the importance of gender balance and representation within the judiciary.

The speakers conveyed their welcome and acknowledged Justice Bell's distinguished career, particularly her extensive experience in criminal law and her judicial appointments in New South Wales. They highlighted her background and expressed hopes for her continued engagement with the legal profession in Western Australia. Justice Bell responded by expressing her pleasure at being in Perth, acknowledging the historical significance of the High Court's circuit sittings, and affirming her commitment to her judicial role and her appreciation for the welcome extended to her.

The proceedings concluded with Justice Bell adjourning the Court.

Orders