Swearing-in of the Honourable Justice John Logan

It is my privilege on behalf of the Bar Association of Queensland, and on behalf of the Australian Bar Association, to welcome your Honour Justice Logan as a Judge of the Federal Court of Australia and to congratulate you on your appointment.

Your appointment under Chapter III of the Constitution to exercise the judicial power of the Commonwealth as a judge of this Court is a notable achievement in an already distinguished legal career.

Even more significantly, it is an occasion of considerable public importance. The role of this Court is a demanding and responsible one. The Australian community is entitled to expect that a judge appointed to the Court will possess, and demonstrably possess, impeccable qualifications for that role. The continuation of the present strength of our judicial system ultimately depends upon public respect for the office, which can only be maintained if those appointed to office are demonstrably qualified. Undoubted integrity, extensive legal knowledge, high-level analytical skills, and substantial practical experience in the management of complex litigation are significant qualifications for a judge.

Unquestionably your Honour has demonstrated that you possess all of these qualifications for office, and others. Not only did your Honour practice as a barrister for very many years, including as Senior Counsel for some 8 years, you regularly appeared in difficult litigation, particularly in litigation of the kind which is encountered by this court every day.

In many cases you appeared for the Commonwealth, which is like playing for Australia — but without the salary.

You are known for your courtesy, in the heat of battle, to your opponents and all others involved in the Court process, and, as the Solicitor-General said, particularly also for your advice and assistance to your juniors.

You became one of that relatively small group of advocates widely regarded as having expertise in Public Law and an extensive practice in this Court. Your appointment is unequivocally based on merit, and it is unsurprising that it has been very well received at the Bar, as is demonstrated here today.

As appears from what earlier speakers have said, you have also filled many other roles in the profession and the community with distinction.

The Solicitor-General has mentioned some of the details of your Honour’s professional and community roles. In the midst of a demanding and extensive practice your Honour made time to serve the profession, including, as the Solicitor-General noted, at various times as Chairman of our Bar’s Public Law Committee, as Deputy Chairman of our Continuing Professional Development Committee, and as a director of our company, Barristers Services Pty Ltd.

Not only did your Honour serve in these roles but, as I can personally testify, your Honour did so cheerfully and productively. In particular I thank your Honour for your selfless contributions to the Bar’s Continuing Professional Development program, to which you have made a substantial contribution. I also mention your Honour’s role in co-chairing the Bar Practice Course session on Federal Court Practice, an indication of your Honour’s particular expertise and experience in this Court.

I have mentioned some, but by no means all, of your Honour’s roles and interests.

You have, for example, a keen interest and expertise in the Military and in Military procedures, having reached the rank of Major. If the Court takes advantage of your willingness to volunteer to enlist you on the Rules Committee we hope that you will resist the temptation to insert the “Breaker Morant rule”, Rule 303.

Whilst your career in the Army Reserve and your interest in martial affairs are well known, your naval rank has been kept pretty quiet – until now.  

On a recent cruise aboard a great passenger liner, you appeared for a formal dinner wearing your ‘Prince Charlie’ jacket, miniatures, and trews. (For the Sassenachs present, trews are tartan trousers.) As you descended the grand staircase, a large American lady charged forward and elevated you to command with the words: “I have been dying to meet you ever since I boarded – Captain”.

Your wife Jan and your family justly share in the pride of your Honour’s important achievement of appointment as a judge of this Court.

Your qualifications justify the Bar’s confidence in your Honour’s capacity to perform the demanding and indispensable work of a Judge of this Court, and we wish you, and your family, very well in this new phase of your legal career.

May it please the Court.