BAQ Annual Conference Report

The conference was opened by Chief Justice de Jersey who discussed his vision for Queensland Courts.  Chief Justice French of the High Court of Australia, Justice Byrne (Senior Judge Administrator) of the Supreme Court of Queensland and Justice Gordon from the Federal Court of Australia (who has considerable experience conducting cases heard under the Fast Track Cases List — or the “Rocket Docket”) discussed the future of litigation, with a particular emphasis on the efficient conduct of litigation and a focus on present and future court initiatives designed to reduce delay and costs.

An interesting session concerning expert evidence was presented by Graham Gibson QC covering the recent trend of experts giving their evidence concurrently.  Affectionately known as hot-tubbing, Gibson QC provided a straightforward and informative explanation of the methodology by which experts would give their evidence concurrently and the benefits of this approach. [To download an order form for a copy of the DVD of the presentation by His Honour Justice McLennan, Concurrent Evidence: New Methods with Experts, visit the Australian Institute of Judicial Administration website, CLICK HERE.]

Of course, no annual conference would be complete without a session covering ethics.  The ethics seminar focussed upon various ethical dilemmas presented to practitioners acting for parties and as mediators in mediations.  With the ever increasing recognition of the benefits of alternative dispute resolution, the hypothetical demonstrated the importance of a thorough knowledge of the ethical duties of counsel acting in mediations.

There is something a little absurd about attending a legal conference to hear a talk about the importance of work life balance at 9am on a Sunday morning when the golden sands and glistening water of the Gold Coast beaches is less than 50 metres away.  However, the information provided during this session was an important reminder of the impact of mental illness in the legal community.  An experienced psychologist with a clinical practice discussed a range of work / life issues that can affect members of the legal profession, and encouraged barristers to take the time to notice whether any colleagues are showing signs that they may not be coping as well as they could.  A startling figure quoted was that 1 in 3 solicitors and 1 in 5 barristers have suffered from depression.  With the high levels of mental illness in the legal community, the Bar Association’s announcement that it was developing a “Bar Care” scheme to assist barristers was well received.

Perhaps the highlight of the conference was the launch of the Mullenjaiwakka Trust for Indigenous Legal Students named in honour of Australia’s first indigenous barrister Lloyd McDermott (Mullenjaiwakka). The Trust has been established to assist indigenous law school students in their progress towards a career at the bar.  Mr McDermott continues to practice at the New South Wales bar (although still proudly claims his Queensland heritage!).  Mr McDermott has inspired many through his sporting, professional and personal life. Not only was he the first indigenous barrister, but he was also the first Aboriginal person to represent his country in Rugby Union, playing for the Wallabies in 1962. He made a poignant statement by opting to withdraw from the squad rather then play as an honorary white on the South African tour.

Chief Justice de Jersey was announced as the patron of the Trust.  Any person interested in making a contribution to the Mullenjaiwakka Trust should contract the Bar Association of Queensland on (07) 3238 5100.  All donations are tax deductible.

Liam Dollar