Hearsay ... the Journal of the Bar Association of Queensland
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From the Editor Print E-mail


Welcome to the November 2016 edition of Hearsay.


A Valedictory Ceremony for His Honour Judge Clive Wall RFD QC was held in the Southport Courthouse on Friday, 30 September 2016. His Honour retired after 20 years of service on the court. 

Court of Appeal president Margaret McMurdo has notified the Governor of her intention to retire from the Court on 26 March 2017. More about her Honour’s retirement at that time. 

Justice Peter Lyons will also be retiring from the Supreme Court in late November on reaching retirement age. There will be more about his Honour’s retirement in the next edition. 


Congratulations are due to the Association’s Vice-President Sue Brown QC on receiving the honour of being named ‘Woman Lawyer of the Year’ at the 2016 annual awards ceremony of the Women Lawyers Association of Queensland. 

Congratulations also to the Honourable Judge Sarah Bradley on receiving the 2016 ‘Woman in Excellence’ award and Tracy Fantin on being named the 2016 ‘Regional Woman Lawyer of the Year’. 


John Douglas (“Jack”) Farrell, who was called to the Bar on 30 September 1996, passed away during August, aged 71 years. 

Nicholas Geoffrey Tucker, called to the Bar on 3 December 2009, also recently passed away. He was 53 years of age. Nicholas had an interesting and varied career, having worked as a management consultant and journalist before coming to the Bar. He was the author of well-known publications including Motor Vehicle Law Queensland and Mackenzie and Tucker’s Summary Offences Queensland.


R (Miller) v Secretary of State for Exiting the EU [2016] EWHC 2768 (Admin)

The High Court of England and Wales has ruled that the Executive Government could not use the prerogative powers of the Crown to give notice of withdrawal to the European Union.

The Court, comprised on the Lord Chief Justice, the Master of the Rolls and Lord Justice Sales, handed down judgment on 3 November 2016 on a challenge by a number of parties to the proposed giving of notice pursuant to Article 50 of the Treaty on European Union, following the result of the referendum in which a majority voted for the United Kingdom to exit the EU (colloquially known as “Brexit”).

The Court ruled that the effect of the European Communities Act 1972, an act of the UK Parliament, was a constitutional statute and that Parliament had, by enacting it, intended that the introduction of EU law into UK domestic law effected by that Act, would not be undone by the exercise of Crown prerogative.

Interestingly, in McCord’s (Raymond) Application [2016] NIQB 85 in a judgment handed down on 28 October 2016, the High Court in Northern Ireland ruled that nothing in the applicable Northern Irish constitutional instruments had the effect that the prerogative of the Crown was relevantly limited. It should be noted, however, that aspects of the argument that were to be dealt with in Miller were stayed and therefore not dealt with in McCord.

It seems likely that the Supreme Court will be called upon to rule on the matter in the near future. 


Once again I wish to extend to members of the Bar, an invitation to submit items for consideration for publication in HearsayHearsay has a proud heritage as the journal of the Queensland Bar. It is one way for members to not only contribute to the advancement and sharing of knowledge, but also to have the opportunity to have appropriate items published to a wide readership. This present an important opportunity for newer member of the Bar in particular.

Of course, contributions are welcome not only from barristers, but from anyone who would like an article, case note, book review or another item of interest to readers to be considered for publication.


Included in this edition are some excellent papers and book reviews, which I trust readers will find interesting and informative. 

Adrian Duffy QC


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