From the Editor

Welcome to issue 90, a milestone for Hearsay.

This is a year-end “bumper issue”.  Included is a new section, “Words from the past”. This will address historical papers written by preeminent authors in the Australian legal profession, albeit with a Queensland bias. The first iteration comprises a thought-provoking paper from the Hon Walter Sofronoff KC, “The province of an independent legal profession”, written in 2015.

A feature article in this issue 90 is a moving family tribute by Queensland barrister Madeline Brennan KC to her father, the late Honorable Sir Francis Gerard Brennan AC KBE GBS.  It is a fitting tribute to a leading Australian jurist by a loving family member.

The feature articles include a High Court farewell by the Association President to the retiring Hon Justice Patrick Keane AC along with his Honour’s response, and a piece by the Hon Justice Glenn Martin AM, canvassing the history of the introduction in Queensland – in 1922, 100 years ago – of the statutory age for retirement of judges.

The “Pride in Law” Annual Address delivered by the Hon Justice Susan Brown is included, as is a paper by the Hon Margaret McMurdo AC positing consideration of a new offence of “coercive control” in reform of the law concerning domestic and family violence. The Hon Justice Michelle Gordon AC of the High Court has also kindly permitted reproduction of her paper concerning s.79 of the Family Law Act.

In “Advocacy”, Judge Cash KC and Judge Porter KC of the District Court afford illuminating discussion on the appellate jurisdiction of the District Court, and admissibility of evidence on information and belief, respectively.  In “Professional conduct and practice”, Judge Rackemann, harbouring over 20 years’ experience on the bench, descends to all manner of conduct of counsel which can serve to infuriate a judge.

Anthony Morris KC provides a timely and interesting analysis of the legal issues pertaining to the war in Ukraine.  Our thoughts are with, and prayers extended to, the Ukrainian people.

“10 minutes with …” has the editor interviewing senior silk Kathryn McMillan KC. “In the Regions” focuses on the Sunshine Coast Bar, with Toby Nielsen taking the helm for counsel in that burgeoning locale.

Plenty of book and podcast reviews, and other advocacy and general interest items, cap off the issue.

Thank you to Kelsey Rissman, Kasey Rowland and Dianne Lyndon of the Association for their invaluable assistance this year in producing this quarterly magazine. Thanks also to the deputy editors John Meredith and Megan Brooks, and the sub-editors Stephen Keim SC and Margaret Forrest, for their tireless effort in assembling the 2022 issues. Thanks also to the barristers, judges and others who furnished material for publication.

Please forward to us, by the start of February at the latest, your contributions for publication for issue 91, due for publication in early March 2023.

From the Hearsay team, all the best for Christmas and the New Year. Enjoy!

Richard Douglas KC

Editor’s note:

Issue 89 included a paper from Dr Norman Katter on “Artist’s impression” and Misleading or Deceptive Conduct, that discussed the Federal Court decision in Ripani v Century Legend Pty Ltd [2022] FCA 242.

On 30 November 2022, the FCAFC handed down its decision on the appeal from that case in Century Legend Pty Ltd v Ripani [2022] FCAFC 191.

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2022/2022fcafc0191

This decision allowed the appeal and ordered a new trial on restricted issues.

I do request your contributions to the deputy editors and sub-editors, or me (T: 3218 0620; M: 0417 788713; E: douglas@callinanchambers.com). The deputy editors are John Meredith (T: 3218 0650; M: 0403 278 585; E: jmeredith@callinanchambers.com) and Megan Brooks (T: 3333 9933; M: 0434 145 245; E: mbrooks@31west.com.au). The sub-editors are Stephen Kiem S.C. (T: 3229 0381; M: 0433 846 518; E: s.keim@higginschambers.com.au) who looks after the book reviews and Margaret Forrest (T: 3333 9940; M: 0422 542 706; E: mforrest@qldbar.asn.au) who looks after podcast reviews.