SPEECH The Honourable Jarrod Bleijie MP Attorney-General and Minister for Justice Welcome Ceremony for Chief Justice, the Honourable Tim Carmody and Justice Peter Flanagan Supreme Court of Queensland 9:15am Friday, 1 August 2014 Banco Court, Level 3, Queen Elizabeth II Courts of Law 415 George Street, Brisbane 1
May it please the Court Mr Chief Justice, Honourable Tim Carmody Mr Justice Flanagan Chief Judge Wolfe Chief Magistrate Rinaudo Your Honours Major General Arnison Mr Doyle QC, President of the Bar Association of Queensland Mr Brown, President of the Queensland Law Society Distinguished guests, ladies and gentlemen 2
The Queensland Government is delighted to join with the legal profession and the wider Queensland community as we welcome Chief Justice Carmody and Justice Flanagan to the Supreme Court. Both add significantly to the depth and diversity of this Court. I should reiterate from the outset the guiding principles behind both appointments. Again, I rely on the words of the former Lord Chancellor, Lord Hailsham, who wrote: My first and fundamental policy is to appoint solely on merit the best potential candidate ready and willing to accept the post. No consideration of party politics, sex, religion, or race must enter into my calculations and they do not. Personality, integrity, professional ability, experience, standing and capacity are the only criteria, coupled of course with the requirement that the candidate must be physically capable of carrying out the duties of the post, and not disqualified by any personal unsuitability. My overriding consideration is always the public interest in maintaining the quality of the Bench and confidence in its competence and independence. 3
I note with approval that the notion of merit, and its primacy in the judicial selection process, has been endorsed by one of my predecessors, Hon Matt Foley, who, in August 1998, stated: The position with respect to seniority is simply this: it is an important matter to be taken into account. At the end of the day, however, it is important that these appointments be made on merit. Our new Governor, His Excellency the Honourable Paul de Jersey, recently reflected on his own appointment as Chief Justice at a relatively young age, from which he rightly inferred that the Government of the day wanted someone who would be there for a substantial period someone who would bring fresh ideas and vigour to the administration of the Supreme Court. He identified this as generational change and astutely observed it s time for that to happen again. Our new appointees were each called to the Queensland Bar in 1982. 4
Combined, they now bring more than 60 years of legal experience to the bench. However, they have the opportunity to make a significant, enduring contribution to the periodic influx of renewed vigour, fresh ideas and generational change so necessary for healthy, responsive, progressive stewardship of our courts. The former Chief Justice forged a well-deserved reputation for service and innovation among other things, overseeing the advent of media rooms to cover major trials, audio recording to aid accurate reporting, an end to sequestering deliberating juries, and evolving technology such as evidence via video conferencing. Generational change is not about abandoning black letter law or radicalising the courts far from it. It s about ensuring that Queensland s justice system remains in step with our rapidly changing world. It s about ensuring we do not become shackled by tired, outdated convention and unduly constrained orthodoxy. 5
It s about paving the way for administrative reform and operational innovation that enhance justice services and the good standing of our courts within the community. Sometimes that requires an external perspective supported by a fresh set of eyes. Chief Justice Carmody is well equipped to consider and deliver the next wave of reforms and innovation. To cite former Chief Justice Nicholson of the Family Court, His Honour is a deep-thinking, reliable, innovative and sensible member of the judiciary. High praise indeed, from an eminent and distinguished jurist who served alongside our new Chief Justice. In fact, the support from those who have actually worked with His Honour has been overwhelming. I am delighted that this appointment has been welcomed by the wider legal profession, as well as the community more generally 6
As demonstrated by the overwhelming professional and community support today. In my view, we can all draw on the wise counsel of the former Chief Justice, whose words now carry the added authority of his new station as Governor of Queensland. In the closing days of his distinguished tenure in this place, His Excellency rightly observed that the stability of the legal system is integral to our democratic system and must be maintained. To that end, he said it was incumbent on us all of us involved in the legal process to put the public interest first in supporting his successor. That is no great challenge, given His Honour s long and distinguished service to the law, the depth and breadth of his legal experience, his demonstrated administrative capacity, personal decency and many other qualities. I should preface my remarks by saying that, if there is one thing we all know about His Honour now, it is that he attended Nudgee College. 7
His Honour first earned his stripes in the late 1980s as a legal officer assisting the Fitzgerald Inquiry, managing a multidisciplinary forensic team, underworld informants and covert operatives in the investigation of organised prostitution and related criminal activities. He later served as a special prosecutor. In 1998, he was appointed Queensland Crime Commissioner investigating major drug operations and other organised crime using special coercive powers. He was appointed as a Senior Counsel in 1999 and a Queens Counsel in 2013. In 2003, His Honour was awarded the Centenary Medal for distinguished service to the law. He served as a Justice of the Family Court of Australia from 2003 until 2008, and was Regional Coordinating Judge of the Court s Queensland Registry. 8
In 2011, as a silk practising at the private bar, His Honour was appointed as a part-time examiner for the Australian Crime Commission to undertake and supervise the use of its coercive powers in special operations and investigations. His Honour has also served as a member of Lord Mayor Soorley s Illicit Drugs Task Force and a member of the Police Powers Working Group under the Beattie Government. More recently, he conducted the Queensland Child Protection Commission of Inquiry. His Honour returned to the bench last year as a judge of the District Court and Chief Magistrate of Queensland. He was sworn in as Queensland s 18 th Chief Justice on 8 July 2014. On behalf of the Government, I thank him for taking on the heavy responsibilities of this high office. 9
His unique mix of skills and experience will provide the direction and drive to build on the excellent work of the former Chief Justice. Today s welcome extends, of course, to His Honour s learned colleague, Justice Flanagan. Again, his credentials speak for themselves. Before accepting this appointment, His Honour practised at the Bar for over 30 years including twelve years as a Senior or Queens Counsel. He specialised in public and administrative law, as well as media and commercial law while developing experience in criminal matters. He also prosecuted major fraud cases for the Commonwealth. His Honour first came to public prominence as Counsel Assisting in the Judge s Inquiry of 1989, headed by that most eminent of jurists, Sir Harry Gibbs. Two years later in 1991, he served as Counsel Assisting in the Cooke Commission of Inquiry. 10
His Honour has served on two recent inquiries appearing as Counsel for the Ipswich City Council in the Queensland Floods Inquiry of 2011 and, most recently, as Counsel Assisting in the Queensland Health Payroll System Inquiry of 2013. His Honour was sworn in as a Justice of the Supreme Court on 27 June 2014. His Honour s knowledge of the law, his forensic skills and relentless pursuit of his clients interests are widely recognised. They are qualities that will serve him well on this Court. While their respective journeys to the Supreme Court have followed somewhat different paths, Chief Justice Carmody and Justice Flanagan bring many similar attributes to the bench acquired and honed by their long and distinguished history of service to the court, the profession and wider community. In both Your Honours cases you could not have achieved what you have without the support of your respective families. 11
Success in positions of this nature depend so much on this continuing support and counsel and I know you both deeply appreciate their contributions to your professional success. On behalf of the Government and the people of Queensland, it gives me great pleasure to join in formally welcoming them to the Court today. May it please the Court. 12