QCs CER

[2003] HCATrans 556

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

ANNOUNCEMENT OF APPOINTMENTS

OF

QUEEN’S COUNSEL AND SENIOR COUNSEL

Coram:   GLEESON CJ

GAUDRON J
McHUGH J

GUMMOW J
KIRBY J
HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON MONDAY, 10 FEBRUARY 2003, AT 3.30 PM

The following Queen’s Counsel and Senior Counsel were present in Court:

Mr D.F. Jackson QC

Mr D.M.J. Bennett QC, Solicitor-General for the Commonwealth of Australia

Mr R.I. Viner QC, President of the Western Australian Bar Association

Mr B.J. Salmon QC, representing the ACT Bar Association

Mr B.R.C. Hayes QC, President of the South Australian Bar Association Inc

Mr J.T. Rush QC, Chairman of The Victorian Bar

Mr B.W. Walker SC, President of the New South Wales Bar Association

Mr R.J. Meadows QC, Solicitor‑General for Western Australia

Mr A.J. Glynn QC, President of the Bar Association of Queensland

Mr J.D. Harris SC

Mr J.J. Webster SC

Mr T. Molomby SC

Mr D. Colagiuri SC

Mr P.J.P. Power SC

Mr R.D. Harding SC

Mr D.J. Russell SC

Mr C.S. Leahy SC

Mr M.B. Williams SC

Mr M.A. Elkaim SC

Mr D.B. McGovern SC

Mr J.L.A. Bennett SC

Mr F.G. Lever SC

Mr G.J. Hatcher SC

Mr I.D. Faulkner SC

Mr G.O. Blake SC

Mr R.W. Seton SC

Mr D.R. Campbell SC

Ms A.P. Stenmark SC

Mr S.G. Campbell SC

Mr J.E. Marshall SC

Mr R.J. Webb SC

Mr B.J. Knox SC

Mr I.McN. Jackman SC

Mr R.A. Hulme SC

Mr P.McC. Dowding SC

Mr G.M.G. McIntyre SC

Ms J. Crisford SC

Mr E.M. Corboy SC

Mr G.T.W. Tannin SC

Mr A.N. Siopis SC

Mr P.J. Flanagan SC

Mr D.G. Mullins SC

Mr K.N. Wilson SC

Mr G.A. Lewis SC

Mr J.P. Leckie SC

Mr P.F. O’Dwyer SC

Mr P.N. Wikramanayake SC

Mr V.A. Morfuni SC

Mr T.P. Tobin SC

Mr J.W. St John SC

Mr T.P. Murphy SC

Mr A. Garantziotis SC

Mr J.B. Richards SC

Mr T.J. North SC

Mr P.D. Santamaria SC

Mr B.N. Caine SC

Ms F.I. O’Brien SC

Mr F. Party SC

Mr C.D. Golvan SC

Mr P.E. Anastassiou SC

Ms M. Sloss SC

Ms M.L. Quigley SC

Mr M.L. Sifris SC

Ms M. Kennedy SC

Ms E.J. Hollingworth SC

Ms P.M. Tate SC

Mr P.A. Heywood‑Smith QC

Mr D.C. Lovell QC

Mr W.McF. Campbell QC

___________

GLEESON CJ:   Mr Salmon.

MR SALMON:   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 Australian Capital Territory:

John David Harris who ranks in seniority after Richard Christopher Refshauge

GLEESON CJ:   Mr Walker.

MR WALKER:   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 New South Wales.

They are:

John James Webster who appears in the Bar list next after John Edward Griffiths

Tom Molomby who appears in the Bar list next after John James Webster

Don Colagiuri who appears in the Bar list next after Tom Molomby

Patrick John Piers Power who appears in the Bar list next after Don Colagiuri

Robert David Harding who appears in the Bar list next after Patrick John Piers Power

David John Russell who appears in the Bar list next after Robert David Harding

Christopher Stanley Leahy who appears in the Bar list next after David John Russell

Michael Burnell Williams who appears in the Bar list next after Christopher Stanley Leahy

Michael Abraham Elkaim who appears in the Bar list next after Michael Burnell Williams

David Brendan McGovern who appears in the Bar list next after Michael Abraham Elkaim

James Leonard Alexander Bennett who appears in the Bar list next after David Brendan McGovern

Frank Graham Lever who appears in the Bar list next after James Leonard Alexander Bennett

Garry John Hatcher who appears in the Bar list next after Frank Graham Lever

Ian David Faulkner who appears in the Bar list next after Peter Sampson Dare

Garth Owen Blake who appears in the Bar list next after Ian David Faulkner

Richard Wallace Seton who appears in the Bar list next after Garth Owen Blake

David Robert Campbell who appears in the Bar list next after Geoffrey Maurice Watson

Alison Patricia Stenmark who appears in the Bar list next after David Robert Campbell

Stephen Gerard Campbell who appears in the Bar list next after Alison Patricia Stenmark

John Edward Marshall who appears in the Bar list next after Ian Hartley McClintock

Ronald John Webb who appears in the Bar list next after John Edward Marshall

Brian John Knox who appears in the Bar list next after Ronald John Webb

Ian McNeil Jackman who appears in the Bar list next after Brian John Knox

Robert Allan Hulme who appears in the Bar list next after Ian McNeil Jackman

GLEESON CJ:   Mr Viner.

MR VINER:   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:

Peter McCallum Dowding who ranks in seniority after Kenneth Malcolm Pettit

Gregory Malcolm Grant McIntyre who ranks in seniority after Peter McCallum Dowding

Jane Crisford who ranks in seniority after Gregory Malcolm Grant McIntyre

Edwin Michael Corboy who ranks in seniority after Jane Crisford

George Thomas Warren Tannin who ranks in seniority after Edwin Michael Corboy

Antony Nicholas Siopis who ranks in seniority after George Thomas Warren Tannin

GLEESON CJ:   Mr Glynn.

MR GLYNN:  May it please the Court, I inform the Court that the following members of the Bar here present have been appointed Senior Counsel for the State of Queensland.

They are:

Peter James Flanagan who ranks in seniority after Douglas Andrew Savage

Damien Giles Mullins who ranks in seniority after John David McKenna

Keith Neale Wilson who ranks in seniority after Damien Giles Mullins

GLEESON CJ:   Mr Glynn.  Mr Rush.

MR RUSH:   May it please the Court, I inform the Court that the following members of the Bar here present have been appointed Senior Counsel for the State of Victoria.

They are:

Gerald Alexander Lewis who ranks in seniority after Harold John Langmead

Julian Peter Leckie who ranks in seniority after Bruce Godfrey Walmsley

Paul Francis O’Dwyer who ranks in seniority after Julian Peter Leckie

Presanna Nimal Wikramanayake who ranks in seniority after Paul Francis O’Dwyer

Vincent Alfonso Morfuni who ranks in seniority after Presanna Nimal Wikramanayake

Timothy Patrick Tobin who ranks in seniority after Vincent Alfonso Morfuni

Jeremy William St John who ranks in seniority after Timothy Patrick Tobin

Terrence Patrick Murphy who ranks in seniority after Jeremy William St John

Aristomenis Garantziotis who ranks in seniority after Terrence Patrick Murphy

John Bennett Richards who ranks in seniority after Aristomenis Garantziotis

Timothy John North who ranks in seniority after John Bennett Richards

Paul Donal Santamaria who ranks in seniority after Stephen Alexander Shirrefs

Bruce Norman Caine who ranks in seniority after Paul Donal Santamaria

Frances Imelda O’Brien who ranks in seniority after Bruce Norman Caine

Frank Parry who ranks in seniority after Frances Imelda O’Brien

Colin Denis Golvan who ranks in seniority after Frank Parry

Paul Elias Anastassiou who ranks in seniority after Colin Denis Golvan

Melanie Sloss who ranks in seniority after Paul Elias Anastassiou

Michelle Lesley Quigley who ranks in seniority after Melanie Sloss

Michael Leon Sifris who ranks in seniority after Michelle Lesley Quigley

Maree Kennedy who ranks in seniority after Michael Leon Sifris

Elizabeth Jane Hollingworth who ranks in seniority after Maree Kennedy

Pamela Mary Tate who ranks in seniority after Elizabeth Jane Hollingworth

GLEESON CJ:   Thank you, Mr Rush.  Mr Hayes.

MR HAYES:   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 for the State of South Australia:

Paul Anthony Heywood-Smith who ranks in seniority after Phillip Anthony McNamara

David Cameron Lovell who ranks in seniority after Barry Francis Beazley

GLEESON CJ:   Mr Solicitor for the Commonwealth.

MR BENNETT:   May it please the Court, I inform the Court that William McFadyen Campbell here present has been appointed one of Her Majesty’s Counsel for the Commonwealth of Australia ranking in seniority after Hilary Ruth Penfold.

GLEESON CJ:   Thank you, Mr Solicitor.  Does any member of the Bar move?

On behalf of all the members of the Court, I congratulate the newly appointed Senior Counsel.  Your appointments are a public recognition of your professional eminence; a recognition that comes primarily from your professional colleagues.

For many years it has been customary for Senior Counsel to make formal announcements of their appointment to the Supreme Court of the State or Territory in which they have their principal practice.  Making such announcements in this Court at the commencement of law term came about with the development of a national bar.  Although, as in most federations, the legal profession is organised and administered primarily on a State basis, arrangements for reciprocity of admission and recognition of status mean that there is now a high degree of mobility between jurisdictions.  This works to the advantage of clients and the administration of justice.  It also fosters professional competition.

Appointment as Senior Counsel has never been regarded in any Australian jurisdiction as something to which a barrister is entitled simply by reason of having practised for a sufficient length of time.  It is a formal recognition of the professional standing of those whose learning, skill and ability have come to be regarded by their peers, and by the relevant appointing authority, as warranting such a distinction.  Appointment as Senior Counsel carries with it substantial responsibilities as well as privileges.  You now occupy a position of leadership in your profession, and your conduct will be taken as an example by juniors.  Solicitors, members of the public and courts will place a special reliance on your ability and, as a rule, the work that you will be given to do, and the cases you will conduct, will be more onerous than before.

An aspect of what is sometimes called the adversarial system of litigation is that it is closely related to the impartiality and independence of the judges who decide the outcome.  The parties and their lawyers choose the issues to be decided in a case, the evidence that will be called, and the arguments that will be advanced.  In consequence, the judge is able to act, and to be seen to act, as an impartial and independent adjudicator.  In a criminal trial, the guilt or innocence of an accused person will be decided by a judge, or a jury instructed by a judge, who has taken no part in the decision to prosecute the accused, or in the framing of the charge, or in the choice of witnesses.  In a civil trial, the judge similarly remains neutral.  In an appeal, it is the parties and their lawyers who define the grounds of appeal and present the material on which the appeal is decided.  The adversarial system, and the public and official neutrality of the decision makers, are closely related.

The capacity of a system like that to produce a just outcome depends upon the skill and integrity of the professional representatives of the parties.  The ability of courts to do justice largely depends upon the ability of lawyers to assist the court.  The acceptance of an obligation to assist the court, an obligation that may override even a duty to the client, is the fundamental condition on which barristers are given a right of audience.  The services of barristers are provided to courts as well as to clients; a matter that is sometimes left out of account in consideration of how those services are best arranged in the public interest.  The role of the courts as consumers of legal services is often overlooked by people who regard themselves as economic rationalists.

You have now reached a milestone in your professional careers and you are faced with new challenges and new opportunities.  Some of you have been accompanied on this occasion by members of your family and friends and the Court is delighted to welcome their participation in this occasion.  I trust that each of you will find personal and professional satisfaction in your new rank and I thank you for the courtesy you have shown in informing the Court of your appointments. 

There is a special feature of today’s proceedings that I wish to mention.  It is an exceptional occasion; and I will treat it as such.

This will be the last occasion on which Justice Gaudron will sit as a member of the Court.  She was appointed to the Court in 1987, and, over the time since then, she has rendered outstanding service to the Court, to the administration of justice and to the nation.

Justice Gaudron, who was born in Moree in New South Wales, studied Arts and Law at Sydney University, where she had a highly distinguished academic record.  She graduated in Law with first class honours and the University Medal.  Her career is studded with notable firsts.  She was the first woman to be awarded the University Medal by the Sydney University Law School.  She was admitted to the New South Wales Bar in 1968, and in 1972 she became the first woman member of the Bar Council.

In 1974, she was appointed a Deputy President of the Australian Conciliation and Arbitration Commission; an office she held until 1979.  She was the youngest person ever appointed a federal judicial officer.

When Justice Gaudron left the Commission in 1979, she taught at the University of New South Wales and also chaired the New South Wales Legal Services Commission in 1979 and 1980.

In 1981 Ms Gaudron was appointed Solicitor-General of New South Wales; an office she held until her appointment to this Court in 1987.  In the same year she was appointed a Queen’s Counsel.  She was the first woman Queen’s Counsel in New South Wales and the first woman Solicitor-General of an Australian state.

From 1981 to 1986 she was a member of the Council of Macquarie University and was awarded an honorary degree of Doctor of Laws by that University in 1988.  She was also awarded an honorary degree of Doctor of Laws by the University of Sydney in 1999.

In 1987 Justice Gaudron was appointed to this Court; its first woman Justice.  It will be evident from what I have said that she brought to the Court a wealth of learning and practical experience.  She also brought a profound understanding of and commitment to legal principle.  Since 1987, and down to as recently as last week, she has made a major contribution to the jurisprudence of the Court, not only in constitutional and industrial cases, but across the entire range of subjects to which the jurisdiction of the Court extends.

She will be missed by her colleagues, not only for her personal companionship, but also for the experience, insight and learning she brought to the Court’s decision‑making process.  I gather that she intends to retire only in moderation but she knows that all of her colleagues wish her, and her husband, a future of happiness and personal fulfilment.

The Court will now adjourn.

AT 3.50 PM THE COURT ADJOURNED