The Hon Paul de Jersey AC Chief Justice

Transcription

1 Presentation of Queen s Counsel; recognition of newly-admitted barristers and The Hon Paul de Jersey AC Chief Justice I welcome the Honourable the Attorney-General, the representative of the Shadow Attorney-General, the Presidents, the Chief Judge and Judges of the District Court, Judges of the Federal Court and the Family Court, the President and members of the Land Court, the Chief Magistrate and Magistrates, retired Judges and Tribunal members and the Director-General and his departmental officers. I also note with pleasure a former Chief Justice of the Kingdom of Tonga, Judge Ford now of the Employment Court of New Zealand, Judge Andrew formerly of the Supreme Court of both PNG and Tonga, and Mr Niu, President of the Tongan Law Society. Justice Jackson regrets he cannot be here, and has asked to be associated with my remarks. I now thank the talented members of the Crown Law Choir, conducted by Mr Steven Hogg, barrister-at-law, for their festive contribution this morning. The donated funds go this year to QIMR Berghofer Medical Research Institute: as chair of its Board, I express thanks in anticipation of your generosity. Announcements by Queen s Counsel I invite Queen s Counsel appointed this year to make their announcements Mr Timothy MATTHEWS Mr Peter Alan HASTIE Mr Mark David MARTIN Mr Manuel Michael VARITIMOS Mr David Robert KENT Ms Soraya Mary RYAN Ms Catherine Elena CAREW Ms Rebecca Mary TRESTON

2 Mr Mark Louis ROBERTSON Mr Damien Peter O'BRIEN Ms Helen Patricia BOWSKILL Mr Thomas Joseph BRADLEY Mr Adam Michael POMERENKE The volumes of the roll of Queen s Counsel and Senior Counsel are steeped in history. They are on display in the Library. The first entry records the appointment as Queen s Counsel of Mr Charles Lilley. Mr Lilley signed the Roll on 27 December The legendary Mr Samuel Walker Griffith signed on 11 May The roll showcases a constellation of talent ultimately characterizing our Bar over a span of 148 years. I now invite you, ladies and gentlemen, as Queen s Counsel appointed in the Court s 152 nd year, to come forward to sign this historic roll which your signatures will now augment. It should be appreciated that although appointment as Queen s Counsel follows my recommendation, the process is intensely collegial within the court, and benefits from the results of the consultation conducted by the Queen s Counsel Consultation Group established by the Bar Council. The appointments are greatly significant to the appointees, in terms of recognition, career advancement and influence within the profession. This year s appointments by the Governor-in-Council mark a change from the position which obtained for some years, with appointments by the Chief Justice, although appointments remain now strictly in accordance with the Chief Justice s recommendations. While the office is now very different from that of the earlier regime, where Queen s Counsel could only appear with a junior, with the junior s fee equivalent to two-thirds of the 2.

3 Silk s, the office remains highly significant in the respects mentioned earlier, and for many, important symbolism attends the reversion now from Senior Counsel to Queen s Counsel. You present as Counsel of singular probity, learning and accomplishment. We are confident you have the capacity to rise to the particular challenge which now confronts you. Recently admitted barristers Mr Davis The President says: May it please the court. I have the pleasure of announcing that the following practitioners present in court today have become barristers of the Supreme Court of Queensland since 1 July 2012: (As each barrister s name is announced, that barrister stands and bows to the court.) Mr Scott Edward SEEFELD Mr Robinder Singh SIHOTA Ms Sarah Elizabeth MINNERY Mr Anthony Francesco MESSINA Mr Jason Leslie VOIGHT Ms Simone Connor FRASER Ms Fiona Yvonne LUBETT Ms Julie KINROSS Mr Miles Kent DICKSON I am pleased to commend each of these barristers to the court. Chief Justice 3.

4 Queensland remains an Australian jurisdiction in which citizens, natural and corporate, still enjoy the benefit of an independent Bar. All lawyers should present as specialist professionals. Members of the Bar profess a particular specialisation. It is one which allies them closely with the courts in the discharge of the charter of the delivery of justice according to law. As legal practitioners, you also assume a responsibility for the maintenance of the rule of law. The rule of law is a stipulation which must never be taken for granted. We welcome you to the ranks of the Queensland and thence the Australian Bar. We urge you to discharge the high public duties of your role, as barristers, with independence and high competence and specialty, while exhibiting undoubted integrity. Christmas greetings Ladies and gentlemen, We Judges extend this season s greetings to you all, and that comes with special recognition of the Attorney-General, the Director General and his staff, and the court s registry and administration staff, with thanks for their support throughout the year. My 28 years on the court have witnessed some diversity in presentation at this important annual event. Expressions of goodwill have fortunately been the hallmark of recent years, and I continue that theme today. I thank the Judges for their application over the year. 4.

5 The Supreme Court Library continues its tremendous support of the court. It is the occasion to welcome our new Supreme Court Librarian, Mr David Bratchford and wish him well. I draw attention to the interesting display outside of court sponsored greeting cards used by the Judges over recent decades at Christmas time. Individually these are little things, I suppose, but I think they would interest people outside the court community, and it is important we share these things. As to publications, an area in which the Library has an established pedigree, I commend the 2012 Supreme Court Yearbook, just published, which this year includes comprehensive accounts from various contributors about the development of this courthouse. For its diversity and as a reliable historical record, the Yearbook is a fascinating must-have publication for lawyers: every solicitors firm and set of barristers chambers should have one! The excellent court history by Mr McKenna QC remains available, and would make a worthwhile gift to aspiring or established lawyers. It is a most interesting and readable account of the history of the Supreme Court, and concurrently, the development of the State. Also, the Library has just published a Festschrift in recognition of the contribution to the Library over many years of Mr Michael White QC. Edited by our valued erstwhile librarian Mr Aladin Rahemtula and barrister Dr Mark Sayers, it is entitled The Idea of Legal History, and celebrates over 25 years of contribution to the study of personalities and ideas in local history by Dr White, the first convenor of the Supreme Court History Program. 5.

6 The book includes articles on the significance and method of legal historiography by the Chief Justice of the High Court, Justice Keane of the High Court, and retired judges Jim Thomas and Alan Demack. As well, it includes biographies of the first Northern Judge, Edmund Sheppard, and the first solicitor appointed to the Supreme Court, Charles Stuart Mein. The book also includes personal tributes by the Governor-General, the Chief Justices of Queensland and the Federal Court, as well as the Commonwealth Attorney-General and former High Court Justice Ian Callinan. Also edited by Dr Sayers and Mr Rahemtula is Jurisprudence as Practical Reason, a celebration of the collected essays of Professor John Finnis. Emeritus Professor of jurisprudence at Oxford, and the first Australian to hold that chair, John Finnis made an original contribution to natural law theory an area of study which has been a feature of our Western jurisprudence since at least Cicero s exposition of Roman law. This book includes articles from former students of Professor Finnis who translate his ideas to everyday legal practice. They include Justice Joseph Santamaria, a Judge of Appeal in Victoria, Justice Susan Kenny of the Federal Court and Mr Justin Gleeson, the current Commonwealth Solicitor-General. His students analyse the role of human rights in our law, the role of authority and moral normativity in our law with a view to demonstrating the importance of human flourishing as the object of jurisprudence. I commend all of these publications, available for purchase at the Library, the Yearbook, the History, the Michael White festschrift and the practical synthesis of the learning of Professor Finnis. 6.

7 I would not like it to be thought, by the way, from this rather commercial promotion, that we are on our last legs financially. The courts are indeed well supported, as evidenced by our occupying this wonderful building, and for that we are grateful to the executive government. It is in that regard pleasant also to note that we are joined today by Mr Ralph Bailey of the courthouse architects Architectus Guymer Bailey, and his wife, Ms Jenny Kershaw, who are no doubt rightly revelling in the inspiring elegance of our setting here this morning. Mr Attorney President of the Bar Association of Queensland, Mr Davis President of the Queensland Law Society, Ms Bradfield. Chief Justice: I am very impressed by the large numbers present today, both here and in our newly established media room. The numbers illustrate the vibrant relationship between the courts and the profession, the collegiality among the three State courts, for which I largely thank the Chief Judge and the Chief Magistrate, and public interest in the work of the courts, which is a very good thing. Let these proceedings be recorded. Adjourn the court 7.