Ceremonial sitting of the Full Court
To welcome the Honourable Justice Horan
Transcript of proceedings
THE HONOURABLE DEBRA MORTIMER, CHIEF JUSTICE
THE HONOURABLE JUSTICE KENNY AM
THE HONOURABLE JUSTICE RARES
THE HONOURABLE JUSTICE LOGAN RFD
THE HONOURABLE JUSTICE BROMBERG
THE HONOURABLE JUSTICE MURPHY
THE HONOURABLE JUSTICE BEACH
THE HONOURABLE JUSTICE MOSHINSKY
THE HONOURABLE JUSTICE O’CALLAGHAN
THE HONOURABLE JUSTICE WHEELAHAN
THE HONOURABLE JUSTICE SNADEN
THE HONOURABLE JUSTICE ANDERSON
THE HONOURABLE JUSTICE ROFE
THE HONOURABLE JUSTICE O’SULLIVAN
THE HONOURABLE JUSTICE MCELWAINE
THE HONOURABLE JUSTICE MCEVOY
THE HONOURABLE JUSTICE HESPE
THE HONOURABLE JUSTICE BUTTON
THE HONOURABLE JUSTICE HORAN
THE HONOURABLE JUSTICE SHARIFF
MELBOURNE
9.32 AM, FRIDAY, 20 OCTOBER 2023
MORTIMER CJ: A warm welcome to you all. We are on the country of the people of the Kulin Nation, and the area where this Court building is located is generally recognised as the country of the people of the Eastern Kulin Nation whose traditional lands extend around Port Phillip and Western Port and up to the Great Dividing Range and the valleys of the Loddon and Goulburn Rivers. On behalf of the Judges, Registrars and staff of the Federal Court, I offer our respects to the people of the Eastern Kulin Nation, to their ancestors and to their elders. I acknowledge the challenges facing the Australian community in our relationships with First Nations peoples, including how First Nations peoples are treated by the justice system.
It is a delight to see so many people here today. I acknowledge present and former Justices of the High Court and of this Court; the Chief Justice of the Family and Federal Circuit Court; colleagues from a wide range of Federal and State Courts and Tribunals; and present and former members of counsel and solicitors not only from Victoria but from other States and Territories and federally. Your collective presence here is testament to the breadth and depth of Justice Horan’s practice in the law. Joining us for this ceremony and celebration are members of Justice Horan’s family and friends and colleagues. A warm welcome especially to you.
This is an opportunity, publicly, to recognise the significance of a judicial appointment to this Court and to reflect on the qualities of the new appointee. All Judges who have been through this process know that never again will so many positive things be said about them in such a short space of time, so this is the day to make the most of it. Justice Horan, you were sworn in on 5 September, and the gap between that event and your welcome is explained by your participation in the Chicago Marathon, an achievement I am confident will be referred to several times this morning. On behalf of the Judges, Registrars and staff of the Court, I congratulate you on your appointment, and I am confident that you will serve the Australian community with distinction.
Mr Buckland, Chief General Counsel for the Australian Government Solicitor, representing the Attorney-General for the Commonwealth, I invite you to speak on behalf of the Attorney-General.
MR A. BUCKLAND: May it please the Court. I would like to begin by acknowledging the Wurundjeri peoples of the Kulin Nation, the traditional custodians of this land, and to pay my respects to their elders past and present. I would like to extend my respect to any Aboriginal and Torres Strait Islander peoples present today.
The Attorney-General, the Honourable Mark Dreyfus KC MP, regrets that he is unable to attend today’s ceremony. It is instead my great pleasure to be here today on behalf of the Australian Government to congratulate Your Honour on your appointment as a Justice of the Federal Court of Australia. Your Honour’s appointment to this Court is another success in a distinguished and eminent career.
Many of your colleagues in the legal profession are here today, and this is testament to the high regard in which they hold Your Honour.
May I particularly acknowledge the Honourable Justice Simon Steward, Justice of the High Court of Australia; the Honourable Chief Justice William Alstergren AO, Chief Justice of the Federal Circuit and Family Court of Australia; the Honourable Susan Crennan AC KC, former Justice of the High Court of Australia; the Honourable Michael Black AC KC, former Chief Justice of the Federal Court of Australia; other current and former members of the judiciary; members of the legal profession; and distinguished guests. May I also acknowledge the presence of Your Honour’s family, who proudly share this occasion with you; in particular, your partner Kathryn and your sons Elliott and Nate.
I understand Your Honour exhibited a keen dedication to hard work and excellence from an early age and not just in academia. Your brother tells how you would play long games of tennis against each other in the scorching heat, and in typical older brother fashion, Your Honour would not let him end the game until you had won.
Your Honour completed your legal education at the University of Melbourne, graduating in 1990 with a Bachelor of Arts and Bachelor of Laws with Honours. I am reliably told that during your university studies, you supported yourself by working at the Melbourne Arts Centre and Concert Hall as an usher in what must have been a coveted job amongst your fellow art students.
Your Honour was admitted in the Supreme Court of Victoria in 1992. You completed your articles at Arthur Robinson & Hedderwicks, now Allens, where you specialised in banking and finance. Your colleagues from this time remember Your Honour as a diligent and intelligent articled clerk, always courteous to others and eager to learn. In 1993, Your Honour moved from Melbourne to Canberra to take up a position as Associate to the late Honourable Sir Gerard Brennan AC KBE GBS QC, then Justice of the High Court, an experience I am sure you will be drawing upon as part of your preparation for life of the Bench.
In 1994, Your Honour moved into the Public Service where you would work for the next seven years, first working in the Parliamentary Library and later in the Office of General Counsel in the Attorney-General’s Department Legal Practice, later the Australian Government Solicitor. You worked across various areas of speciality, including native title, constitutional law and eventually as Counsel Assisting the then Commonwealth Solicitor-General, Dr David Bennett AC KC, who joins us here today. Your friends and colleagues from OGC pass on their congratulations on Your Honour’s appointment, and there are some of us here today who fondly recall attending some excellent parties hosted by Your Honour.
In 2000, Your Honour returned to Melbourne and joined the Bar. At the Bar, Your Honour has specialised in administrative and constitutional law, as well as migration, revenue, native title, and commercial and equity matters. I am told that during your early weeks as a Reader, Your Honour was briefed by the Commonwealth in a migration case before the Federal Court. Opposite you, it turned out, was a Silk. This was a challenge which Your Honour admirably rose to. And from there, Your Honour’s contemporaries at the Bar noted that you quickly developed an impressive public law practice, appearing for the Commonwealth in numerous cases in the High Court but also often appearing for litigants on a pro bono basis, particularly in migration law matters.
In 2015, Your Honour was appointed a King’s Counsel. In 2016, Your Honour’s pro bono efforts culminated in your receipt of the Victorian Bar Pro Bono Trophy for your exceptional and ongoing commitment to pro bono work in constitutional administrative law. I am confident Your Honour’s clear commitment to the pursuit of justice will only continue to strengthen as a Justice of the Federal Court.
It is with great pleasure that I now turn to speak to a few of the personal qualities that have placed you well for a distinguished career on the Bench. Notwithstanding your busy schedule, your friends and family have all noted Your Honour’s generosity of time and inclusive spirit, which gives you a well-balanced perspective on both life and the law. I am told that Your Honour always makes time for family and friends.
The preparation and determination that has served Your Honour so well in your legal career also speaks to one of your more impressive hobbies, running marathons. Indeed, your brother remarked that there are few high-profile marathons that Your Honour has not completed. I am told that Your Honour has run marathons on the Gold Coast, in Melbourne, Berlin, Boston, New York and Tokyo. No doubt this training assisted you in another athletic feat, when you climbed Mount Kilimanjaro, the highest mountain in Africa. And most recently, as the Chief Justice mentioned, prior to this ceremony, Your Honour travelled to America for yet another marathon in Chicago.
It would be remiss of me not to mention one of your other great passions, and that is the Richmond Tigers. Your Honour’s loyalty to your chosen AFL team has never wavered, and Your Honour has staunchly defended the Tigers throughout their years of bad luck or, as I am told Your Honour would prefer to say, total injustice. I am sure the Attorney-General, as a St Kilda supporter, would like me to convey some apprehension of this characterisation.
Your Honour’s unwavering lifelong support for your team has, however, paid off from time to time, when Richmond has emerged into periods of more sustained success. I am told Your Honour is proudly in possession of Jack Riewoldt’s famed number 8 Tigers guernsey, worn by him during his 10-goal haul against West Coast on 14 June 2010. I am told this guernsey is proudly displayed on the wall of your Chambers at the Bar. I am sure Your Honour will continue to share your passion for the AFL with your judicial colleagues.
Your Honour’s appointment to this Court acknowledges your commitment to the law and significant contributions and accomplishments in the legal profession. Your Honour takes on this judicial office with the best wishes of the Australian legal community, and it is trusted that you will approach this role with the exceptional dedication to the law that you have demonstrated throughout your career to date. On behalf of the Australian Government, I extend to you my sincere congratulations and welcome you to the Federal Court of Australia. May it please the Court.
MORTIMER CJ: Thank you, Mr Buckland. Mr Dunning, President of the Australian Bar Association.
MR P. DUNNING KC: Chief Justice Mortimer, Justice Horan, Justices of the Federal Court, distinguished guests. Justice Horan, it is my privilege and pleasure in equal measure on behalf of the Bar nationally to offer its congratulations on Your Honour’s well-deserved appointment to this Court and to thank you for the public service and commitment to public service that the acceptance of such an appointment requires.
Your Honour joins a large and important national Court, with a busy and varied schedule. It has amongst its many tasks part of the process of bringing peace to our First Nations peoples, and it is an important role that the Court fulfills. Your Honour has the skill and learning to fulfill that role with distinction. I, indeed, had the privilege of appearing against Your Honour when you were at the Bar. Your Honour was delightful. Your Honour was incredibly competent. Your Honour was skilled. Your Honour was also successful, as I recall. And those early matters may take some of the mystery out of that.
Your Honour has, over decades, demonstrated a sincere commitment to the attainment of justice and all of the finest traditions of the Bar. Your Honour exemplifies them; in particular, the important place the Bar has in standing between the citizen and the State and ensuring that justice is done and is seen to be done and is as accessible as possible for all. No one gets to a day like today without the love and support of their family, and Your Honour has been fortunate to have that. However, Your Honour is a product of the Victorian Bar. And so today is very much Victoria’s day, and on that note I will pass to my friend Mr Hay to speak on behalf of the Victorian Bar.
MORTIMER CJ: Thank you, Mr Dunning.
MR DUNNING: May it please the Court.
MORTIMER CJ: Mr Hay, President of the Victorian Bar Association.
MR S. HAY KC: May it please the Court. I appear on behalf of the Victorian Bar to congratulate Your Honour on your appointment to this important national Court. I also acknowledge the traditional owners of the land on which we meet and pay my respects to their elders past and present.
In reviewing Your Honour’s career for this speech, time and time again people reminded us of your dedication to mentoring younger members of the legal profession, just as you were mentored and guided during your early years in the Bar. In quick succession, about a decade ago, you were mentor to Phil McAloon, Nawaar Hassan, Alexander Solomon-Bridge, James Forsaith, Spike Buchanan. A few months later, they claim, possibly in recognition of your dedication and determination to assist them, you were appointed Silk.
Of course, you yourself were mentored by Melanie Sloss, later Melanie Sloss SC, a former Chair of the Victorian Bar Council, and now Justice Sloss of the Supreme Court of Victoria. Some of her kindness and mentoring skills clearly rubbed off on you, just as being an Associate to the Honourable Sir Gerard Brennan AC of the High Court benefitted your wisdom.
Alexander Solomon-Bridge regards you as a wonderful mentor not only during his formal period of readership but throughout his time at the Bar. Until recently, he had been a neighbour on the same floor of Chambers as Your Honour. A major lesson he learnt in that 10-year period was that when saying goodbye at the end of the day, especially if you have a train to catch or an appointment to make, you should never ever bring up the subject of the Richmond football team, not even obliquely. If you do, you are guaranteed to miss more than one train. Sturt Glacken, a fellow Richmond tragic, is in awe of the number of selfies you have managed to gather on your iPhone with various Tigers players.
It is reported by other neighbours on Level 18 of Owen Dixon West that Your Honour was most upset with former floor member, the late great Peter O’Callaghan QC, who was Chairman of the AFL Appeals Board. The reason? In 2017, star Richmond player Bachar Houli’s two-week suspension for striking a Carlton player was doubled on appeal, and that result was reached notwithstanding character references from sitting Prime Minister Malcolm Turnbull AC and media star Waleed Aly. The fact that Houli’s cousin ran a kebab café at the back of Chambers that you frequented may also have had a role in your upset. In any event, Peter O’Callaghan’s published view was that:
A blow from a person of exemplary character has the same effect as a blow from a person of bad character.
Your Honour felt that that stated position left no room for a plea in mitigation or personal circumstances or the prospects of rehabilitation. This difference in view made for a very tense tearoom atmosphere on Level 18 for quite a few days. Your stance on that issue will undoubtedly be of great tactical interest to barristers appearing before Your Honour in penalty hearings.
On behalf of the Victorian Bar, I would like to take this opportunity to thank you for your devotion and dedication to our profession. Together with Dr Paul Vout KC, Your Honour succeeded Jim Merralls AM QC as co-editor of the Commonwealth Law Reports in 2016 following Jim’s death. I can confidently say that the attention to detail and care that Your Honour displayed in that role would make Jim very proud.
You relied on that same attention to detail when you spent a number of years with the Commonwealth Attorney-General’s Office, often working as Junior Counsel Assisting, with your efforts being roundly praised at the time.
Your work for the Victorian Bar in many different roles is also very much appreciated. Your Honour assisted the Bar’s VCAT Reform Subcommittee, identifying a number of areas of badly needed reform. It was a very strong subcommittee, led by the Honourable John Digby KC as Chair and consisting of Caroline Kirton SC, Adrian Finanzio SC, Carolyn Sparke KC, the late Dr Elizabeth Brophy, Elizabeth Ruddle KC, Jason Pizer KC, Romauld Andrew KC, Simon Pitt KC and Lisa Hannon KC and, of course, Your Honour. It offered sound and solid advice, much of which was acted upon. Colleagues describe Your Honour agonising over draft reports to ensure legal and historical accuracy, as well as perfectly correct grammar.
Your Honour has an almost encyclopaedic knowledge of High Court and Federal Court precedents and can call them to mind and apply them to current cases with remarkable skill and speed. I can report that your presence is already being sorely missed by former colleagues on Level 18 who would shamelessly use Your Honour’s skills in order to seek a tactical advantage in a case against colleagues with less talented neighbours.
Despite a very busy practice and successful public law practice, Your Honour dedicated significant amounts of time to pro bono cases, particularly for asylum seekers and refugees. In 2016, Your Honour was awarded the prestigious Victorian Bar Pro Bono Trophy in recognition of your work in this area, which you continued to do right up until your appointment.
The citation for the award highlighted Your Honour’s involvement in important Federal Court proceedings which challenge the systematic delay in the processing of citizenship applications for refugees who arrived in Australia by boat. Your Honour was also cited for your enormous effort and skill in arguing a test case that challenged ministerial policy under the humanitarian visa program which adversely affected family reunion visa applications sponsored by refugees who arrived in Australia by boat. The award said that Your Honour:
...epitomised the idea that the best social justice advocates are the best lawyers. His efforts in pursuit of fairness and access to justice are admirable and an example to the profession. Chris is a humble, quiet achiever and incredibly deserving of this award.
It has been noted that Your Honour’s compassion and respect for others was strikingly evident in the way in which you dealt with opposing barristers.
As most of us here will know, it is common in migration cases for the department to brief experienced Counsel and for the applicant to be represented by quite junior Counsel, often acting pro bono. Although few Counsel could claim to be more knowledgeable or experienced than your Honour in this area, it is said by colleagues and opponents that you never used your standing at the Bar to intimidate people.
You always treated opposing Counsel as respected equals, no matter how junior or inexperienced they were. That fact stands very much to your Honour’s credit. Other colleagues, while agreeing that you are an extremely talented Constitutional and Administrative Lawyer, sometimes found your talent for arguing hair-splitting legal distinctions, frankly, annoying. The fact that your Honour approaches these cases with unwavering enthusiasm was and is regarded as unnerving by some, particularly by new Commercial Lawyers such as myself.
I am sure your Honour will remember a taxation case concerning a cargo of humble garden hoses with clips to attach them to a tap. As it happens, the hoses and clips arrived in the same container, but were not physically attached to each other. The applicable amount of tax turned on whether the cargo was to be classified as hoses and clips, that is, as two separate items, or as hoses with clips, being single composite items. Your Honour was described as “completely in your element” as you argued for your client’s point of view.
I will pause here to note that it takes a very special sort of person such as your Honour to go into a case with such enthusiasm. That case will, no doubt, be just another one studied very carefully by members appearing before your Honour. They will be expecting cases often requiring great endurance. As we have heard, your Honour has run numerous marathons, and I will not mention the Chicago one.
Your Honour has been one of Victoria’s most eminent Public Law Counsel. Your knowledge in the area and skill as an advocate are unquestionable. Your Honour will be a wonderful Judge, because this is coupled with your ability to cut straight to the point. In your new role, your Honour will also endure great support from your partner, Kathryn, and two young sons, Elliott and Nate. On behalf of the Bar, I wish your Honour every success and a long and satisfying career as a Judge of this Court. May it please the Court.
MORTIMER CJ: Thank you, Mr Hay. Ms Wolff, President of the Law Institute of Victoria.
MS T. WOLFF: May it please the court. I too acknowledge the traditional custodians of the lands on which we meet, the peoples of the Kulin Nation, and extend that to traditional owners of country throughout our state. I pay my deep respects to elders past, present and emerging. It is my great privilege to appear on behalf of the Law Institute of Victoria and the Law Council of Australia to welcome your Honour as a Judge of this Court. Luke Murphy, the President of the Law Council of Australia, regrets that he is not able to be here personally to deliver the welcome, but has asked me to convey to you his very best wishes.
As we have heard from my colleagues at the Bar, your Honour has had a long and distinguished career as a Barrister since being called to the Bar in 2000 and taking silk in 2015. You started your legal career as a Solicitor in 1992 at what was then Arthur Robinson & Hedderwicks. The following year, as we have heard, your Honour has served as an Associate to, as he was then, Justice of the High Court, the late Honourable Sir Francis Gerard Brennan AC KBE QC. You are a long-time Reporter and Senior Reporter of the Commonwealth Law Reports, with your first headnotes appearing in volume 209, published in 2003.
Your Honour worked for the Commonwealth Attorney-General’s department, initially in the office of General Counsel and later as Counsel Assisting the Solicitor-General. This experience proved very helpful to those Solicitors who later briefed your Honour in questions of significant government policy. At the Bar, you acted in numerous high-profile matters, specialising in migration and revenue matters and Administrative and Commonwealth and Constitutional Law. Your Honour was briefed by the Australian Government Solicitor, AGS, on behalf of the Minister for Immigration, in all its incarnations, in almost 300 matters, many of which were urgent, complex, significant, or all of the above.
Many of these were in the High Court, where your Honour’s preparedness to take on briefs in urgent and difficult matters endeared you to many AGS Solicitors. Deputy Chief Solicitor, Dispute Resolution for the AGS, Emily Nance, says her office was always assured of receiving excellent written submissions from your Honour, many of which would arrive at all times of the day or night. You were known as a Barrister who provided the highest quality of advocacy, based on your encyclopaedic knowledge of Migration Law. Lawyers on opposing sides of the Bar Table have also enjoyed briefing your Honour on complex matters, particularly those involving the State Revenue Office.
Principal Solicitor of the State Revenue Office, Andrew Ou-Young, was devastated when he heard of your appointment, but not surprised. Having briefed you for many years, Andrew says you always added great value to the Crown, contributing policy and purpose to every brief. Often, on the other side, Craig Whatman, Tax Partner of Pitcher Partners Legal, has briefed your Honour in many significant cases for clients who are up against the State Revenue Office, testing policy and jurisprudence.
He says you are always an easy person to work with. You are known for your ability to explain in clear terms the impact of relevant legislative and judicial authorities, particularly to those who are making important commercial decisions. Craig says your appointment is a loss to the Bar and he will miss having access to your critical ability to get to the nub of the matter, but looks forward to appearing before you in the near future.
Mark Egan, Special Counsel for the VGSO, agrees, having briefed your Honour on many administrative and constitutional matters over the past seven years. You have been invaluable advising in judicial reviews and questions of government policy that were affecting the government and also key decision-makers in this State. Mark says the way you have always advocated in a calm and reasonable manner has been most helpful when briefing on behalf of the government.
Maddocks Partner Mark Hayes will also miss your collaborative style and approach when providing important legal advice to the Victorian Parliament, in particular. During COVID, you provided invaluable advice which allowed both Houses to meet and vote on government business when some members were attending remotely, and just last year you appeared as Senior Law for the heads of both Houses of Parliament on the doctrine of Exclusive Cognisance, on a question of the extent to which Courts could intervene in parliamentary matters.
Your Honour’s depth of knowledge, experience and insight into these complex Administrative and Constitutional Law matters will no doubt be appreciated by all those who appear before you in the future. You are known to be not only most generous in sharing your time, your knowledge and experience with those around you, but always calm, measured, and both an articulate and clear communicator in your dealings with clients and lawyers alike. On behalf of the Solicitors of Victoria and of the national profession, I wish you a very long and satisfying career as a Judge of this Court, and all the very best to you and your family on this next chapter in your career in the law. May it please the Court.
MORTIMER CJ: Thank you, Ms Wolff. I now invite Justice Horan to reply.
HORAN J: Thank you, Chief Justice. Justice Steward of the High Court, the Honourable Mrs Susan Crennan AC KC, former Chief Justice Michael Black AC KC, Chief Justice Alstergren AO, current and former Judges of this Court and of other Courts, distinguished guests, members of the profession and friends. I also acknowledge the traditional owners of the lands on which we sit today, the Wurundjeri People of the Kulin Nation, and pay my respects to their elders past and present. I extend my respects to the elders of other Aboriginal communities who are here today or viewing this ceremony online. It is an important moment at which to give recognition to the peoples who first inhabited this country and to acknowledge their longstanding connection to these lands.
I thank each of Mr Buckland, Mr Dunning, Mr Hay and Ms Wolff for your generous words. As is the custom on these occasions, the benevolence of your respective addresses inevitably downplays any critical assessment, but any such lack of balance is, of course, forgiven.
It is indeed a privilege to have the opportunity to serve as a Judge of this Court. Many of my earliest appearances after signing the Bar roll were in judicial review proceedings before this Court. It was a fortuitous time for a lawyer with a background in Federal Public Law to arrive at the Bar, with the turn of the century ushering in a sharp increase in this Court’s migration workload. At that time, the Federal Court was the principal court of first instance in such matters, providing a unique opportunity for a baby barrister such as myself to take his first tentative steps, appearing unled in hearings before many eminent Judges of this Court. These included Justice Ron Merkel, with whom I would subsequently have the opportunity to be briefed as junior counsel in a number of cases after his return to the Bar, and I am very pleased to see here today.
Over the ensuing years, I have always felt very much at home when entering this building and the courtrooms within. I am happy to say that this feeling has been reinforced in the weeks since my appointment commenced, thanks to the welcoming reception that I have been given by my fellow Judges, as well as the enormous assistance of the Registrars, court officers and other staff who have helped me with the transition. An extra special thanks must go to my initial Chambers staff, comprising my acting EA, Courtney Carr, and associates Caitlin Goutama and Ruby Kesselschmidt, who have provided invaluable support in setting up chambers and getting running.
There are, of course, many people to thank who have provided me with encouragement, assistance and camaraderie along the journey to date. The opportunities that I have been afforded owe as much to good fortune, serendipity and the generosity of others as they do to diligence and effort.
Like many of us, I would not be here today without the love and support of my parents. My father, John, who passed away a little over a year ago, inspired me with his love of language and literature, and impressed upon me the value of education. I also seem to have inherited from him a health aptitude for “dad jokes”, or so my two boys lead me to believe. My mother, Marie, who will be viewing today’s proceedings from her nursing home, was also a constant source of support and reassurance. I am glad that my brother Tim and his partner Sue are able to be here today, and I also remember my late brother Anthony. The stability of our close family unit was the bedrock upon which subsequent accomplishments were built.
It was only a late change of university preferences over summer after completing HSC that resulted in me commencing my law degree at Melbourne University. It wasn’t long, however, before I was engrossed and spending long hours in the Law Library alongside the Old Quad. For that, I am indebted to all of the teachers at the Law Faculty who fostered and guided my studies. In particular, Professor Ian Malkin was a committed and engaging lecturer, both in my first year and as coach of the Jessup International Law Mooting Team towards the end of my degree, and Professor Cheryl Saunders, among others, who inspired and encouraged my interest in constitutional and administrative law, which has shaped the subsequent trajectory of my legal career.
There was no better place to practise in public law than in the Office of General Counsel in Canberra. I had the privilege there of working with and learning from many fine Government Lawyers. These included Gavan Griffith QC, then Commonwealth Solicitor-General, Robert Orr KC, Henry Burmester KC, Peter Jeffery, and the late George Witynski QC. I’m very pleased to see my former OGC colleague, Mr Andrew Buckland, here today, representing the Attorney-General. The intellectual discipline and breadth of experience that I absorbed during my time in Canberra has stood me in great stead in subsequent roles.
I was also fortunate to spend two years working as counsel assisting to then Solicitor-General of the Commonwealth, Dr David Bennett KC, who I am delighted has been able to travel down from Sydney to attend the proceedings today.
In that period, I was not only exposed to the inner workings of appellate advocacy at its highest level, but I also learned the secrets of making an exceptionally dry martini, each of which has later proved to be highly useful.
The genesis of my ambitions to become a barrister can perhaps be traced back to my time as a Judge’s Associate to Sir Gerard Brennan at the High Court at the beginning of my sojourn in Canberra. Perhaps working for Sir Gerard also planted a seed with a somewhat longer gestation period in relation to the decision to take an appointment to judicial office. It goes without saying that Sir Gerard was an inspiration in terms of his intellect and legal expertise, but he was also a generous and kind mentor to all of his associates.
My initial fears that working life at the Bar would be hypercompetitive and ego-driven quickly proved to be unfounded. On the contrary, from the outset, I found the Bar to be a supportive and collegiate environment, especially in the important early years of practice. My fellow readers in the September 2000 intake have been a continued source of friendship and camaraderie, transcending the broad and different areas of practice which we have each followed. I am proud of our collective accomplishments, and I look forward to many more years of exchanging war stories and celebrating life events.
As you have heard, I read with my mentor, Melanie Sloss, now Justice Sloss of the Supreme Court of Victoria, sharing her then rather small room on Level 18 of Owen Dixon Chambers West, which was, at that time, the top floor of the building. The members of Level 18 at that time included such luminaries as Peter O’Callaghan, Jack Fajgenbaum, Charles Scerri and James Merralls, to name only a few. While this was rarefied company in which to commence practice as a barrister, the floor was always welcoming and provided a stimulating environment, as well as a comprehensive law library at a time before online resources become readily accessible. I particularly benefited from working with Jim Merralls, both as a reporter for the Commonwealth Law Reports and as junior counsel in a range of state revenue cases. His training and guidance were invaluable, in addition to his unique repository of knowledge and anecdotes about the Bar and its history.
When my readership period concluded, I left Level 18 to find my own room. I eventually took a room in Joan Rosanove Chambers, next door to Stephen O’Meara, now Justice O’Meara of the Victorian Supreme Court. It was not long before I had been conscripted into playing for his long-running indoor soccer team. That was the start of a friendship which has endured long after we each moved to different floors, and now to different Courts. This is a testament to the way in which the chambers system can enliven relationships between barristers with different fields of practice but common interests, who might not otherwise have crossed paths.
When the opportunity arose, I rejoined Level 18, where I have shared chambers over the last 15 or more years. Over that time, the floor has been regenerated, both in its membership and, more recently, in its physical appearance. I have been fortunate to have had the support of two incredibly capable executive assistants, Rita Salanitri and Tracey McLean. I greatly enjoyed my time as a member of that floor, and I am slightly sorry to be leaving in the midst of its renewal.
I was fortunate to have several readers, and I thank each of Louise, Nawaar, Phil, James, Alex and Spike for putting up with me and for sharing your insights and perspectives. I will continue to follow your professional and personal achievements with ongoing interest.
I have been led by wonderful senior counsel and have worked with many talented juniors. There are too many to name, and you must forgive me for not singling out any particular individuals.
I also thank the instructing solicitors with whom I have formed productive relationships, and for whose loyalty and dedication I am eternally grateful. The independent Bar could not exist without the support of the solicitors branch of the profession, who are indispensable to the proper and efficient conduct of litigation before the courts. In my own case, I make special mention of my instructors at the State Revenue Office, who have continued to brief me in interesting and challenging matters from my earliest days at the Bar. I also thank those solicitors practising in the government, migration and human rights areas with whom I have worked, whether with the various government panel firms or with law firms on the applicant side of the record.
I express my gratitude to my former clerks, first, Glenda McNaught, who accepted me onto List G when I commenced at the Bar, and following her retirement, Jane King, as the CEO of List G Barristers, along with all the dedicated staff who have worked in the Clerk’s office over the years.
To everyone who has done me the honour of attending this ceremonial sitting today, both members of the profession and others, I give my sincere thanks. It is wonderful to see several longstanding friends from my university days who are able to be here to share the occasion.
Finally, and most important of all, I come to my family. To Kathryn, words cannot express how much I appreciate everything that we have done together, and in particular, your support for all of my endeavours, both in my career and in my other pursuits. You have often had to make sacrifices to enable me to reach my goals, and for that I am most grateful. To my parents-in-law, Marjorie and Jim, thank you for all that you do for our family, and for stepping in when needed to enable life to run more smoothly. And to Nate and Elliott, you give meaning to the daily travails of work. I am very proud to see you growing into fine young men, and I hope that you are enjoying your day in Court.
As Kathryn well knows, and to her occasional frustration, I am sometimes prone to drawing comparisons between significant life events and the trials of marathon running. Nevertheless, I am going to indulge myself again on this occasion. It is often said in relation to marathons that the race begins at mile 20, which, for those who need an explanation, is just over six miles or 10 kilometres before the finish. It is in that final important stage that the real challenges are faced and many real truths come to light. On occasions such as today, there is an understandable focus on past career milestones and achievements to date, but I am also looking forward to the many challenges and insights that lie ahead, and I will do my best to keep on running. Thank you again.
MORTIMER CJ: Thank you, Justice Horan. The Court will now adjourn.
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