Hearsay ... the Journal of the Bar Association of Queensland
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Issue 19: August 2007
Swearing-in Magistrate Hogan, Magistrate Quinn and Magistrate Carroll Print E-mail

intro_case_flow.jpgOn 20 July 2007, their Honours Magistrates Hogan, Quinn and Carroll were sworn in during a ceremony at the Brisbane Magistrates Court. The Association was represented at the ceremony by  Ken Fleming QC.

Your Honours, Magistrate Hogan, Magistrate Quinn, and Magistrate Carroll:

It is my pleasure this morning, on behalf of the Bar, to welcome the appointment of three highly experienced and practical appointments to this bench. The pleasure has fallen to me because the President of the Bar Association, Mr Hugh Fraser QC, is otherwise unavoidably detained.

I make some general comments before descending to the particular.

It is only when the rule of law, that is, justice according to law, is being administered carefully and conscientiously that a community can live peacefully and go about its business confidently.

So much can be discerned from a brief survey of countries in so many parts of the world who struggle under tyranny, corruption, and social destruction. The contrast with our own circumstance is startling.

One clear demonstration that the rule of law is of enormous significance in our society is the foot traffic on George Street on any given workday morning between the hours of 7am and 10am.  Every judicial officer going to her or his office, and every solicitor and barrister going to attend upon a client, is a demonstration that the rule of law is central to our society.  Every time a courtroom is opened for the business of the day it is a clear statement to the community that our society can resolve its problem in a rational, structured manner.

It is that process which marks Australia, and our place in Australia, as a place of peace and stability.

It is important, then, to remember, as Justice Daubney emphasised in his swearing in, that practitioners of the law maintain a philosophical view of the reason for the rule of law.

It is therefore imperative that the organs of the administration of law are paid appropriate attention and regard, in order to maintain the health of the system which serves us so well.

Our attention today is upon the Courts, and their central role in the maintenance of order and structure in our society.

In that respect, two things in particular this morning are pleasing.  Mr Attorney, you have this week demonstrated that the process of judicial determination is in the forefront of your thinking and we have witnessed appointments that are worthy and justified in every one of Queensland’s Courts.  It is clear that your aim is to reinforce the Court system as a bulwark against confusion and erosion.

Second, Mr Attorney, you have appointed to this Court today three practitioners who bring an extraordinary depth of experience, knowledge and skill to this Court.

In addition, each of your Honours has demonstrated in your careers, and in your personal lives, the importance in maintaining a balance between the application of the rule of law and a compassion for the society in which you live.

Ken Fleming QC

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