Issue 71: Dec 2014, Speeches and Legal Articles of Interest
As Judge Of The District Court Of Queensland
Your Honours, retired judges and magistrates, Mr Solicitor, distinguished guests, practitioners, ladies and gentlemen, I am humbled and honoured by your attendance today, and have received many apologies from those who were unable to attend.
I am especially honoured by the presence of the Chief Judge. His decision to conduct this ceremony in Cairns, and personally attend, evidences his strong support for the Courts regional judges, and more significantly his support and respect of the people in this region, which this Court so well serves.
I also especially acknowledge the presence of The Honourable Glen Williams, former Judge of Appeal of the Supreme Court, whose bench wig I humbly don today.
SPEAKERS
My bewildered thanks to each of you who spoke — Mr Solicitor-General, Peter Dunning QC on behalf of the Attorney-General, Mr Andrew Philp QC for the Bar Association, Mr Ken Taylor for the Queensland Law Society and Ms Leanne Bou-Samra for the Far North Queensland Law Association.
I say bewildered because I have never quite appreciated the power of flattery of a judge, until now. Whilst it will take some effort, I could well get used to that. And I also look forward to experiencing another judicial phenomenon — that is, when my jokes will suddenly become funny.
This is a unique opportunity to reflect upon and acknowledge, with enormous gratitude, those who have so richly contributed to me being here.
MY PARENTS
First and foremost, my thanks to my parents, John and Irma. Whilst my father is no longer with us, my mother Irma is here. Like all parents of that generation, their focal point was to raise and educate well-rounded children. I think they succeeded. My only regret is that my father is not here to bask in the glory of their hard work and sacrifices.
I am proudly a product of the small regional town of Mareeba, where I grew up and was educated. I am pleased that many dear friends have travelled to be here. To the teacher (who I should say is not here) who predicted that I would never see tertiary education because of my dispassion for reading, may I say — “How wrong you were!”.
LEGAL INFLUENCES
I have being guided and influenced by many in my career. I highlight some in the time I have.
I am a product of the old Articled Clerk system. It was a great way to learn and study and I lament the loss of the articles system. I served 5 years as an article clerk under the stewardship of Michael Crouch with the other principals of Nicol Robinson and Kidd.
I am grateful for the unfailing support and trust of my brother, Errol, also a barrister and who sits, probably for the first and last time, at the Bar table in front of me. You mentored me with my study, guided me professionally and taught me the value of balancing work and life.
I have already mentioned briefly the Honourable Glen Williams. From being your associate about 22 years ago until now, you have been a wise counsellor and mentor. It is you who positively encouraged my return to my beloved North Queensland. I am so honoured that you are here today and you have considered me worthy of your bench wig. I can only hope that I will emulate your nous for justice, your work ethic and court demeanour.
The steady hand of mentorship continued after I commenced at the bar in Cairns with Andrew Philp, my junior pupil master. His guiding hand was always extended — whether to pull me up or to push me along, all for my own good. Andrew is not only the leader of the Cairns Bar, but I’d suggest, his leadership permeates through out the region and is revered throughout the Bar.
Notwithstanding Andrew’s influence, I tried to model my work ethic on that of my senior pupil master, The Honourable Justice Peter Lyons, who has my utmost admiration as model counsel and now a splendid judge.
Trinity Chambers
Forgive me, for making some brief remarks about my former chambers, Trinity Chambers, and collegues.
Thank you to my secretaries. I have been well served by secretaries, and more recently Christine and Janelle. Thank you for your loyal and dedicated service. Most particularly, thank you to Donna, who loyally served for my 20 plus years with the group. I will miss you all.
Having chambers, and being part of a chamber group, is I believe, critical to maintaining standards, camaraderie and professionalism at the bar. A special bond is created amongst chamber members, akin, to that of a family. I am grateful to each of you for being so tolerant of my out other somewhat unusual pursuits — not every chambers has the experience of watching a colleague performing on stage in musicals such as ‘CATS’ in a a unitard or half naked in the ‘King and I’, or otherwise don the lycra in support of charity bike rides, or even produce a modeling portfolio.
Its now time to bid farewell with mixed feelings of sadness and excitement.
PAULA & FAMILY
Turning to those most dear to me, my wife Paula and my 4 beautiful children — Bianca, Luis, Joseph and Xavier. I am particularly happy to see Bianca who arrived last night to surprise me, despite her heavy university exam commitments.
It cannot be understated that pursuit of a career at the Bar and the collegiality of chambers place enormous burdens on our spouses and families, whose utmost support is essential.
The dynamic of having a cohesive and collegiate chamber group inevitably involves very close professional friendships amongst members of chambers. The impact on our spouses to often forgotten. Spouses justifiably feel disenfranchised and, sometimes, envious of the special bond that evolves. I am very grateful to Paula for her utmost trust and confidence, and respecting my close and professional relationships in chambers.
Paula and the children have also endured the usual intensity of trial preparation, absences for circuit or other commitments, and other pressures that attend a Barrister’s practice, which all too often, eroded personal and family time.
It took a while, but in good time, I reprioritized my marital and family time, and better balanced my work with family life.
I am so pleased to share this new phase of legal life with you.
MY APPOINTMENT
This brings me to today.
I have never been more acutely appreciative of the value of our independent referral bar. Queensland is the envy of independent bars around the world for our two expert branches. Independence of the bar is at the heart of the constitutional role of the courts and the rule of law. In the role of assisting the independent judges and courts, the independence of the bar is second only to the independence of the judiciary. To members of the bar, I urge you – do not become complacent. Strive to improve your skills as specialist advocates, honour the cab rank rule — so as to be available for anyone and everyone, and never compromise your overriding duty to the court and the proper administration of justice.
The Bar is the natural resource for appointments to judicial office. You must never become complacent about your quality of service and standards. It is incumbent upon regional practitioners to develop strong and experienced potential appointees.
It is an honour, not only to me, but also to the regional profession that the Cairns vacancy has been filled from the local profession. I am a strong advocate to the idea that, were possible, regional appointments should filled with meritorious regional practitioners. Experience and history has shown that where appointments are necessarily filled from Brisbane sometimes-intolerable burdens are placed on judges and their families.
I have been fortunate to appear before many judges, across many jurisdictions in many places, such is regional practice. I have come to appreciate that the atmosphere of the courtroom always reflects that of the judge, that is – a calm, polite and respectful judge will invariably preside over a calm, polite and respectful court. Judges of this Court have served us very well in the past, and I am pleased that former judge Peter White, has been able to attend today. I aspire to emulate your commitment and work ethic in this very busy court.
May I say in conclusion that I am thrilled to be joining an efficient, effective and harmonious court lead and united by our Chief Judge. As a continuing legacy of the former Chief Judge, it is a modern court that reaches well into regional Queensland, with almost one third of the judges sitting outside Brisbane. I am proud to be counted as one of that number.
Thank you.
Acknowledgements
Your Honour the Chief Judge,
Your Honours Judges Everson, and Harrison,
The Honourable Justice Henry,
Your Honour Federal Circuit Court Judge Willis,
Their Honours Magistrates Spencer, Black, Comans, Pearson, Pinder, Bentley and Gett,
Retired Judge of Appeal of the Supreme Court, The Honorable Glen Williams,
Retired Supreme Court Judge, the Honourable Stan Jones.
Retired District Court Judge Peter White,
Other judges and retired judges (here and on video link),
Mr Solicitor, Mr Peter Dunning,
Registrar Wendy Baden, and other Registrars, attending by video.
Distinguished guests, practitioners, ladies and gentlemen.
