Speech by the Honourable Paul de Jersey AC, Chief Justice of Queensland
I note with pleasure the presence of the Attorney-General, the Presidents, Justice Kiefel of the High Court, the Chief Judge and Judges of the District Court, Judges of the Federal and Family Courts, Magistrates, retired Judges and Tribunal members. Justice Daubney, who cannot be present today, has asked to be associated with my remarks.
I warmly congratulate Justice Chesterman upon his appointment as a Judge of Appeal. A member of the court since 1998, His Honour has exhibited judicial acumen of the highest order. I particularly mention his highly applauded contribution to the effectiveness of the Commercial List since its re-establishment in May 2002.
Justice Chesterman becomes the 11th Judge appointed to the Court of Appeal Division in its 17 year history, and the fifth appointed directly from the Trial Division.
His Honour brings a broad experience of life to his judicial work, and in particular, I mention his chairing since 2001 the Queensland Cancer Council, the State’s pre-eminent anti-cancer charity. His Honour is closely supported by Mrs Robin Chesterman, who rightly shares in the Judge’s achievement we celebrate today.
I respectfully commend Executive Government for continuing determination to maintain the high quality of both Divisions of the Court, and I wish His Honour well as he enters this new chapter of a most distinguished judicial career.
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I pass now to the seasonal character of this morning’s sittings, and begin by warmly thanking the Crown Law Choir, and its conductor Ms Lydia Daly, for again transporting us melodically and festively.
I do not intend on this occasion to traverse the court’s performance over the last 12 months. A picture of that may be gleaned from the published annual report. My primary message this morning is one of gratitude, to my judicial colleagues and the profession.
This year I reached 10 years in my present position — as did the President of the Court of Appeal in hers. Over that period — which I may say, my now having reached the age of 60, seems quite short — I have been privileged to serve with as many as 37 judges of the Supreme Court; and I have sworn in 17 judges of the present complement of 24, about 70%: a remarkable privilege.
I firmly believe that the best performing courts are those characterized by collegiality in administration, and harmonious mutual relationships. Throughout the last decade, my colleagues have willingly cooperated in the collegial administration of the court, and they have been astute to ensure harmonious personal relationships within the court. The result, in the context of well-established high level judicial quality, has been optimal performance by the court in the interests of the people of Queensland. I am enormously grateful to my judicial colleagues for their unstinting and well-measured support over these years.
I also gratefully acknowledge the cooperation of the Chief Judges and the Chief Magistrates in our joint stewardship of “Queensland Courts”.
I turn to the profession. Over that decade, the Bar Association of Queensland has been led by 8 Presidents, and there have been 10 Presidents of the Queensland Law Society. As well as leading their branches of the profession with distinction, the Presidents have been careful to assist the court in discharging its mission, by exhortation of their members.
The decade has witnessed quite extraordinary expansion in the legal profession in this State: from about 500 barristers to almost 1,200 now and from about 4,500 solicitors to 7,500 now. This simply reflects the increasing dominance of our State within the Federation.
Our legal profession is notable for its ethical commitment and professional proficiency. Like the court, the Queensland profession shows the benefit to be drawn from collegially-based approaches.
I use the opportunity to thank the profession for its support of the courts in many ways: primarily through the efficient presentation of litigation, and the efficient forestalling of litigation through good advice tendered in the office; but in other ways as well — assisting the Rules Committee in its various initiatives to refine the procedural law; committed service of practitioners on bodies such as the Legal Practitioners Admissions Board; assisting the court at sometimes short notice in relation to various proposals for change.
I not infrequently also laud the profession for its pro bono commitment. Today I express thanks more generally for the profession’s cooperation with the courts: no doubt that eases a practitioner’s burden, but more significantly, it facilitates the discharge of our mission, and thereby advances the public interest.
I add thanks to the Director-General Ms Julie Grantham and her staff, in again doing their utmost to ensure that the courts are furnished with the necessary resources, including those which allow us to identify and implement new ways of doing things from time to time, where that will be demonstrably beneficial. A very good example is the accessCourts initiative launched by the Attorney this time last year, which is proving invaluable in assisting otherwise unrepresented parties in the examination and pursuit of their claims.
Departmental officers are invariably constructive and helpful in their work with the courts, and for that I express gratitude to the Director-General for her leadership. I include in this expression of thanks our committed and progressive court staff, on the Registry and administrative sides, led vibrantly by Ms Robyn Hill.
Before going further, I wish to mention that this is the 14th, and last, of these ceremonies covered by Mr Mark Oberhardt, the Courier Mail’s chief court reporter. Mr Oberhardt’s coverage of the work of the Supreme and District Courts over those 14 years has been comprehensive, accurate and interesting. His reporting has been significant in informing members of the public of the important work accomplished in these courts. We wish him well as he moves to another position within the newspaper, and he goes with our gratitude for his substantial contribution over those many years.
A major highlight this last year has been the government’s commitment to the new metropolitan Supreme and District Courthouse: substantial progress has been made in detailed design and early site work, the project is well within budget, and it is on track for completion in the year 2011.
I thank the Executive Government for its unshaken commitment to deploying limited public monies, in difficult economic times, into this piece of essential infrastructure for the benefit of all Queenslanders, a project which incidentally has a very important bearing on employment, and the State economy generally.
Notwithstanding the massive public significance of the project, I will in what I additionally say be disproportionately brief.
The State must have a metropolitan courthouse suited to the disposal of the mass of very serious work daily accomplished in the Supreme and District Courts. The 47 courtrooms and related facilities in this new complex constitute essential infrastructure which will serve the people well for many years to come.
We tend to focus on utility, for the litigating public, jurors, court staff and prisoners. But that should not mask a broader, striking public vision. As a former State Architect recently reminded me, this will be the most significant public building constructed in our capital city since the current Executive Building, which was completed some 37 years ago.
140 years after the opening of Parliament House in 1868, it is still breathtaking for Queensland citizens to gaze on that graceful seat of government.
143 years later in 2011, which will mark the 150th anniversary of the Supreme Court, our citizens will, I am confident, be greatly impressed by a new emanation, at the other end of George Street, of their third branch of government.
Executive government is to be commended for acknowledging both the essential need for a new metropolitan courthouse for all Queenslanders, and also, for having the vision to respond to that need by pursuing such a “captivating” design — the better epithet is “arresting”, but I must not court any misunderstanding.
What is emerging at the Roma Street end of George Street will fix public perceptions of the role of the courts of law upon the reality, which is, their being bastions of independence and objectivity in the delivery of justice according to law.
The inspired design reflects the challenge of that mission; and the building’s utility will help assure the fulfilment of the undertaking.
This being the season of goodwill, I am pleased there has been no occasion for anything other than positive sentiment from me today. I hope I will not have unduly disappointed any cynical soul in presenting a message so benign.
I need add only this: our wish that you, your families and friends may enjoy a safe, peaceful and refreshing festive season, and a happy and fulfilling year 2009.
Speech by the President of the Bar Association, Michael Stewart SC
May it please the Court, I venture to say that your Honour, Justice Chesterman’s greatest contribution in the past 10 years has been to recreate, together with Justice Muir, and more recently Justice Phillip McMurdo, something which is the envy of all. That is the commercial list.
It goes without saying that this is unlikely to have been achieved without the extensive commercial experience you and your fellow Judges gained while in practice at the Bar, but this alone would not have ensured success.
The other attributes people ascribe the list’s success to include consistency of approach of the Judges, the prompt allocation of trial dates, the even more prompt delivery of concise, thorough and commercially sensible judgments and most importantly, some say, the ease and relative lack of formality with which lawyers, both barristers and solicitors, could contact the Judge through the list manager or through the associate and have interlocutory matters dealt with speedily and sensibly.
Now, some may think that I exaggerate when I say that they are all envious of the list but there is convincing evidence that the claim is justified.
To my knowledge, experienced commercial, litigation solicitors who act for large corporations engaged in the resources sector, who usually practise in other capitals and whose natural tendency is to want to conduct important litigation in their home jurisdiction, have come over the years, since May 2002, to relish having their cases handled by this Court’s commercial list.
It’s not just a case of them managing to live with this prospect. They openly express admiration and appreciation for the way in which litigation is and has been conducted here. This has naturally bred an enthusiasm to bring their cases here or at least to abstain from applying to have them cross-vested away to other Courts.
The consequence has been that locals have gained invaluable experience as local counsel, solicitors and experts have been retained in these important cases whereas normally the work would have gone elsewhere.
Put another way, the result of the way in which the list has been conducted by your Honour and your Honour’s fellow Judges is that Queensland’s professional infrastructure has been expanded in a way which seems symbiotic with the expansion of its valuable mineral and energy resources.
Stories now circulate that the commercial elements of professions in States which do not have an efficient and well regarded commercial list are suffering already with worse expected in the period of increasingly difficult economic conditions.
It may be early days but to date, at least, that appears not to be the case here. This is likely to be due to the wise decision to reinstitute the list in 2002 and the fine way in which it has been conducted since.
So, while it is not the case that we live in a vortex of maelstrom-like proportions with all the inconveniences that that would involve, it may be said that the commercial list Judges have created a productive eddy or small whirlpool whose influence continues to grow to the advantage of the State and its citizens.
As the Judge with the longest service on the list, your Honour I submit, deserves the most credit for its current reputation.
On the occasion of your Honour’s swearing-in on the 17th of March 1998, the President of the Bar, my learned friend, Mr Gotterson QC who is here today, predicted that your Honour’s tenure as a Judge would be marked by politeness, good humour and fair-mindedness.
He has been proved correct and we confidently expect that these qualities will allow your Honour to add further lustre to the already high sheen of this crucial division of the Court.
Your Honour, the Bar unanimously applauds your appointment to the appeal division and warmly congratulates you, may it please the Court.
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As a profession, the Bar’s most important function is to serve, and this is how it perceives its role at the moment. A good example is how my learned friend, Mr Hunter, happily now, Mr Hunter of senior counsel, responded without hesitation to a request from the Court to appear on the shortest of notice, and to act as a contradictor on an application which had profound consequences for a young woman in circumstances where, without this, the application would have proceeded with the Court hearing submissions from only one perspective. But perhaps the Bar deserves less credit than otherwise would be the case because of the helpful and encouraging philosophy the Court embodies.
I thank all Judges, but especially your Honours, the Chief Justice, the President of the Court of Appeal, and Senior Judge Administrator, for the way in which you have sought to include us, and to seek our contribution on important issues.
Your Honour, the Chief Justice, has mentioned the new courthouse. We add our congratulations to the Government for their decision to proceed with this important project.
I know that the Attorney-General’s approach is that Government is not just about politics, but is also about policy. This is good policy, because the building which we stand in now is outmoded, and the planned one will allow for the efficient disposition of the Court’s vital business.
As with many sound plans, the credentials of this project are likely to be strengthened by the opportunity it presents to add a much needed stimulus to the State’s economy, far more rapidly than longer term projects can offer.
It is good to see the shovels and jack-hammers being put to work already on the site. The courthouse will be part of the process of re-enlivening an important sector of the city. Our current economic woes may delay this process, but those knowledgeable in the field assure me that it is inevitable that the western end of George Street will become an exciting lively part of the city heart.
Given your Honours’ philosophy of the role the Courts ought play in Queensland society, it is only natural that they should make their home on this new site, and also in a State so devoted to the doctrine of the separation of powers as ours is, it is probably inevitable that the Courts would move to this – the point in George Street, the very furthest from the graceful seat of Government described by your Honour, the Chief Justice. Mr Dempster, at least, would approve.
I thank the Attorney-General for the frank and intelligent way he has used the Bar in the past 12 months. The advice we proffer may not always be convenient, but it’s given honestly and independently, and it’s gratifying to see that you have treated it as such.
I particularly thank you for the compliment you paid the profession by including us in such important processes as the appointment of the Crown Solicitor. The same sentiments apply with equal force to the Department, whose officers have assisted us much.
I particularly thank the Director-General, Ms Grantham, who is a pleasure to work with.
The interests of the Bar and those of solicitors sometimes diverge, and in the heat of the fray, barristers can forget that they would spend an awful lot more time in their chambers improving themselves by reading the latest journals, were it not for the solicitors of Queensland. But over the last 12 months, there has been a healthy robust exchange of views which in most, if not all cases, has produced fair results.
The Law Society’s President, Ms Mahon, deserves special mention because of the way she has so often forged a consensus which has allowed us to speak with one voice, as one profession. Again, she has been a pleasure to deal with.
The barristers of Queensland extend to your Honours, to the staff of this Court, and to the Judges and staff of all the Courts and Tribunals before which we have had the honour to appear, our sincere best wishes for this Christmas, and for the year which lies ahead. May it please the Court.
Speech by the Honourable Justice Richard Chesterman RFD
Chief Justice, your Honours of the Supreme Court, Mr Attorney, Mr Stewart, Ms Mahon, Justice Kiefel, Judges of the Federal and Family District Courts, ladies and gentlemen, I’m conscious that this morning is important for others as well as for me.
I’m glad to share the day but that circumstance obliges me to be brief. Chief Justice, I thank you for the customary graciousness of your remarks and congratulations on my appointment to the Court of Appeal.
Your expressions of goodwill I welcome and I thank you for them. Mr Attorney, I thank you too for your congratulations and for the expression of confidence which you and the Government have shown in me by this appointment.
I thank you for your kind words and promise, as best I can, to fulfil the expectations you and the community have for me as a Judge of Appeal.
Mr Stewart, I thank you for your generous remarks and for the support of your members. Their role is indispensable to the proper administration of justice and I wish to record my thanks to the many counsel who argued cases before me in the trial division and made the task of judging easier by their professional skill and knowledge.
Mr Stewart, I was afraid that you might exaggerate in what you said about me but I listened carefully and am relieved that you did not.
Ms Mahon, I thank you too for what you have said and for the message of support and congratulations from your members. It is on occasions like these that one remembers that the profession is still fundamentally bound together by goodwill and mutual respect.
I wish to thank my colleagues in the trial division for their expressions of delight at my appointment. Your encouragement and congratulations mean a great deal to me and I thank you for them and for your friendship.
I wish also to express my thanks to my colleagues in the Court of Appeal for their very warm welcome and to the President for her kind assistance in the transition process.
I am obviously honoured to have been appointed to the Court of Appeal but I leave the trial division with some regret. I have enjoyed the work and role of a trial Judge, the investigation of facts and exploration of law which lead to proper legal solutions.
I have particularly enjoyed the work of the commercial list and I express my appreciation to counsel and solicitors who have appeared regularly in that list for their cooperation and assistance in making it work so well.
I express my gratitude to Justice Phillip McMurdo for his considerable part in that achievement. I understand that some Courts may compete in the promotion of their commercial divisions but we would never do that, but I believe I can say that the service given by the commercial Judges to the business community of Queensland is second to none in efficiency and accuracy. There is no doubt that the list will continue to function as it has in the past.
Can I conclude by drawing attention to the fact that my wife, my brother and my youngest son are in Court and that their presence is a great joy to me.
I have been in legal practice, as barrister and Judge, for 40 years. Robin has been my wife for 28 of them. Her sacrifice of her career, her love and devotion throughout that time, have been more than I deserve. I gladly acknowledge that without it, I would not be here this morning. I thank you all for your good wishes.
