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TRANSCRIPT OF PROCEEDINGS

O/N H-358805
FEDERAL COURT OF AUSTRALIA
CEREMONIAL SITTING OF THE FULL COURT TO FAREWELL
THE HONOURABLE JUSTICE COWDROY OAM

PRESIDING JUDGES:

THE HONOURABLE JAMES ALLSOP AO, CHIEF JUSTICE
THE HONOURABLE JUSTICE JACOBSON
THE HONOURABLE JUSTICE BENNETT AO
THE HONOURABLE JUSTICE RARES 
THE HONOURABLE JUSTICE COLLIER 
THE HONOURABLE JUSTICE COWDROY OAM
THE HONOURABLE JUSTICE TRACEY AM RFD
THE HONOURABLE JUSTICE BUCHANAN 
THE HONOURABLE JUSTICE GILMOUR 
THE HONOURABLE JUSTICE GORDON 
THE HONOURABLE JUSTICE FLICK 
THE HONOURABLE JUSTICE PERRAM 
THE HONOURABLE JUSTICE JAGOT 
THE HONOURABLE JUSTICE FOSTER 
THE HONOURABLE JUSTICE NICHOLAS 
THE HONOURABLE JUSTICE YATES 
THE HONOURABLE JUSTICE KATZMANN 
THE HONOURABLE JUSTICE ROBERTSON 
THE HONOURABLE JUSTICE KERR 
THE HONOURABLE JUSTICE FARRELL 
THE HONOURABLE JUSTICE WIGNEY 
THE HONOURABLE JUSTICE PERRY 

GUEST OF THE BENCH:

THE HONOURABLE HELEN MURRELL, CHIEF JUSTICE OF THE AUSTRALIAN CAPITAL TERRITORY

SYDNEY - 9.31 AM, FRIDAY, 14 MARCH 2014

Copyright in Transcript is owned by the Commonwealth of Australia.  Apart from any use permitted under the Copyright Act 1968 you are not permitted to reproduce, adapt, re-transmit or distribute the Transcript material in any form or by any means without seeking prior written approval from the Federal Court of Australia.

ALLSOP CJ:   Ms Bahrendt?

PROFESSOR L BAHRENDT:   Your Honours, it’s my honour to do the acknowledgement of country this morning.  I am Larissa Lavarch. I am a Gamilaroi and Ullaroi woman and a member of the local Aboriginal Land Council.  It gives me great honour to acknowledge that we’re on the land of the Gadigal People of the Eora nation and pay respects to elders past and present.  It is a particular honour to do it at this ceremony celebrating the work of Justice Cowdroy who has been a long supporter of indigenous lawyers in this area.  Thank you.

ALLSOP CJ:   Thank you.  Justice Cowdroy, before we begin, we are here today to farewell a valued colleague and friend and a judge of great experience.  Justice Cowdroy, there are a number of people here this morning who will speak of your career and contribution to the law, to the court and to the life of this country and I will leave the detail to them.  May I say, however, that your work on this court, the Land and Environment Court, the Administrative Appeals Tribunal, the Defence Force Disciplinary Tribunal and as judge advocate of the Australian Defence Forces, has been tireless, while at the same time you have pursued your many extra judicial and extra legal activities.

We were colleagues for about two years before I left the court and we have worked together for the last year and it has been a privilege and a personal pleasure to have worked with you.  Your contribution to the work and life of the court has been marked by quiet and thorough efficiency, never a drama, never a panic, never a problem.  Your work has always been done quickly, without fuss, and with your customary great courtesy.  On behalf of all the judges of the court, I thank you most sincerely for your hard work and dedication and your contribution to the life of the court and I and all the judges of the court wish you and Jennifer and all your family the very best for the future.  We will all miss you very much.

COWDROY J:   Thank you, Chief Justice.

ALLSOP CJ:   Mr Attorney.

MR G. BRANDIS QC:   May it please the court.  It is a great pleasure to be here today on behalf of the Government and the people of Australia to celebrate the career of your Honour Justice Cowdroy.  Your Honour retires today after seven years of dedicated service to the Federal Court of Australia and a long and distinguished career in the law.  Today’s ceremony is attended by many distinguished guests, including sitting and retired members of the Commonwealth and State judiciaries and representatives of the Australian Defence Forces and the RSL.

May I acknowledge in particular the presence among us of the Governor-General Designate, General Peter Cosgrove AC, MC;  Justice Keane of the High Court;  the Chief Justice of New South Wales, the Honourable Tom Bathurst;  the Chief Justice of the Supreme Court of the Act, the Honourable Helen Murrell;  the Chief Judge of the Federal Circuit Court, John Pascoe, AO;  Commodore Mead, who is here to 
represent the Chief of Navy;  the Attorney‑General for New South Wales, the Honourable Greg Smith SC;  Mr Street SC, representing the New South Wales Bar Association and the Australian Bar Association;  Mr Ullman, representing the Law Society of New South Wales and the Law Council of Australia;  the National President of the RSL, Rear Admiral Ken Doolan AO;  and we’re also, I’m delighted to say, joined at the Bar table by the Honourable Tom Hughes QC.  May I acknowledge also the presence of members of your Honour’s family who proudly share this occasion with you:  your wife Jennifer;  your daughters, Georgina, Lucinda and Sophie, and their families.

Before I speak of your Honour’s achievements on this bench, allow me briefly to summarise your Honour’s earlier achievements in the law.  Your Honour attended the University of Sydney on a Commonwealth scholarship, where you graduated with a Bachelor of Laws.  In 1967, you were admitted as a solicitor of the Supreme Court of New South Wales.  The following year, your Honour received a Rotary International Foundation Fellowship to undertake a Master of Laws and a Diploma of Air and Space Law at King’s College at the University of London.  Your Honour was admitted as a barrister of the Supreme Court of New South Wales in 1971.

In your career at the Bar, you’ve worked with some of Australia’s leading silks, including as a junior to the late Sir Maurice Byers QC, when he was the Commonwealth Solicitor General.  With Sir Maurice, you appeared for the Commonwealth at a number of important constitutional matters in the High Court.  One of particular interest was Coe v The Commonwealth, a challenge on the issue of British sovereignty over Australia.  Another important matter in which you appeared was Attorney-General v T & G Mutual Life Society which dealt with the validity of legislation to limit appeals from the High Court to the Privy Council.

You were also junior counsel to the Honourable Ian Callinan AC QC, who I note graces us with his presence today, in the mid-1980s, when you worked together in the landmark Mudginberri litigation, representing the workers of the Northern Territory Meatworks who were ultimately successful in the High Court.  That highly publicised matter, which at one point sparked a union picket  line which lasted for four months, has set a number of precedents for matters arising under what was then the Trade Practices Act.  In 1989, your Honour was appointed Queen’s Counsel.  Your Honour’s judicial career began in 1996 with your appointment as an acting judge of the Supreme Court of New South Wales.  You then went on to serve as a judge of Land and Environment Court from 1999 until 2006, before joining this court in March of that year.

Your Honour is known for your unwavering professionalism.  Colleagues recall your commitment to always giving parties sufficient opportunity to present their case and that while being strict with imposing time limits and making sure that cases ran smoothly and efficiently, nevertheless, ensuring that nobody left your Honour’s court feeling that he or she had not had a good hearing.  Even when dealing with the most challenging of litigants, your Honour was well known for always remaining 
courteous and fair.  Your Honour has had the opportunity to apply that attitude in matters of the greatest public importance.

Among the notable cases which your Honour decided was Roadshow Films v iiNet in 2010.  34 film and television companies brought an action for breach of copyright against the internet service provider iiNet.  That landmark litigation was one of the first of its kind to reach trial stage anywhere in the world.  It attracted international attention.  Your Honour’s decision that there was no breach of the Copyright Act was upheld by the High Court and the iiNet case  established the current legal framework under which the internet operates in Australia today.  That legal framework is your Honour’s intellectual architecture.

In addition to many years of service to the judiciary, your Honour has also made a notable contribution to Australian public life in other ways.  Your achievements speak of vitality and energy, most significantly inspired by an eagerness to support Australia’s armed services.  I’m told that this lifelong interest in Australia’s military began when your Honour was a boy and at an inspiring meeting in particular, when you met, as a law student, C.E.W. Bean, the famous historian whom more than anyone else was responsible for popularising the Anzac legend.  That meeting, I’m told, has stayed with you across your career and left an indelible mark on you as a person.

Fittingly, you have maintained a close association with the Returned Services League of Australia.  You were instrumental in the creation of the War Memorial’s Tomb of the Unknown Soldier, with your commitment to the cause being recognised when you were made an honorary life member of the RSL in 1994, an honour rarely bestowed.  In further recognition of your outstanding achievements, in 1995 your Honour received the Order of Australia medal for services to the RSL, to the law and to the community.  You were instrumental in the establishment of the RSL Legal Fund.  From 2004 you’ve been a Commander of the Royal Australian Navy Reserve, and in 2009 you were appointed a judge advocate for the Australian Defence Force.  In 2011 you became a member of the Defence Force Discipline Appeal Tribunal.  You’re also a member of the Defence Legal Reserve Panel.

I’ve already mentioned that your first appointment as a judge was with the Land and Environment Court.  Your Honour’s interest in environmental law has been a continuing theme of your career and it has also inspired several personal achievements.  You have a passion for the preservation of Australia’s heritage and it was a result of that passion that you were instrumental in the restoration of HMAS Creswell at Nowra.  In 2006 you addressed the Royal Australian Navy on the impact of Commonwealth environmental law on maritime operations, a theme which continued when you were a guest speaker at the Defence Legal National Conference.  In 2007 your Honour addressed the Maritime Security Cooperation Conference of the Asia Pacific Centre for Military Law and the US Naval War College on aspects of Australian law affecting joint defence operations.

The notion of duty has been a constant theme over the course of your Honour’s career, duty to the court, duty to the Australian people and duty to both local and international communities.  Your Honour has naturally risen to the role of educator, perhaps an inevitable role for the person held in such high regard, and one that your Honour has seized with the enthusiasm befitting your strong sense of community and your strong personal sense of purpose.  Your Honour has served as a member, the vice-chairman and then the chairman of International House at the University of Sydney for 19 years, a contribution which was recognised when you were made a Fellow of Sydney University’s International House.

In 2012 your Honour travelled to Vietnam to conduct workshops on environmental law for approximately 150 judges of the Vietnamese Supreme People’s Court and the lower courts.  By your actions, your Honour has been an exemplar of the precept that time is not to be wasted and that one must use one’s knowledge and experience to achieve and give back as much as possible to the community and to assist others in reaching their goals.  Your Honour, on occasions such as this, one must finally address the question of what life will hold after your retirement.  I’m sure that you will take the time to enjoy your hobbies, such as sailing, skiing and opera, and that you will also spend time with your family, in particular, your two beloved grandsons, James and Nicholas.

Your Honour has certainly earned the right to indulge in leisurely pursuits, though I have no doubt that you will continue to be active in public life and good causes.  It’s my understanding that you will continue with your involvement in the RSL and that only last year your Honour was appointed by the New South Wales Government to the Anzac Advisory Committee which will make recommendations for future commemorations of the First World War.  Your Honour, on behalf of the Government and the people of Australia, I want to thank you for your years of dedication and hard work.  Know that as you enter upon your retirement, you leave behind a career which has helped shaped Australian law and has earned the well-merited respect and admiration of your peers, your colleagues, your friends and all who have benefited from your exemplary public service.  I extend to you, on behalf of the Government and the people of Australia, best wishes for your future endeavour and a long and happy retirement.  May it please the court.

ALLSOP CJ:   Thank you, Mr Attorney.  We have the privilege today to have the Chief Justice of the Australian Capital Territory, The Honourable Helen Murrell with us today on the bench.  And I invite her to speak of Justice Cowdroy.

MURRELL CJ:   I acknowledge the Gadigal people of the Eora nation who are the traditional custodians of this land and I pay my respects to their elders past and present.  I also acknowledge the family of Justice Cowdroy and his friends who are here today.  Thank you, Chief Justice and other members of the bench for welcoming me here and inviting me to say a few words about his Honour’s contribution to the ACT Supreme Court.  Since 2007, his Honour has been a dear friend to the court serving as an additional judge.  He has volunteered to help us on many occasions.  When we’ve been short of a judge, we’ve called on his Honour and he has answered 
the call.  As recently as last month, we were in desperate straits because we were sitting both a Court of Appeal and a Full Court and his Honour came to our aid.

Not only is His Honour an extremely capable and hardworking judge, but he is a model of judicial good conduct.  Despite having spent 15 years on various benches, his first appointment being to the Land and Environment Court in 1999.  His Honour is ever courteous and considerate.  There is no hint of a sense of entitlement.  The service that he has provided to our court exemplifies the man that he is:  a man who puts service ahead of personal considerations.  Others will speak of his service in a variety of arenas.  It is no surprise that in 1995, he was awarded the Order of Australia for services to the RSL, Law and the community.
Although, he seems at first to be an old-fashioned type of guy, his Honour is in reality a modern man, who is well-capable of stirring up controversy.  When his Honour first came to our court, he created quite an impression on one of our judges when she learned that his drink of choice was chamomile tea with honey.

During the Federal Court iiNet case, I understand that he permitted the case to be tweeted from the court stating that, “As twittering does not distract or interfere with the conduct of my court, I personally have no object to its use.  The public has a legitimate right to be fully informed of proceedings.”  One note of correction, the case was not twittered, it was tweeted.  I understand that this was the first Australian trial to be tweeted.  His Honour was ahead of his time leading the way for other Australian courts.  The Victorian Supreme Court joined Twitter in 2011, the Family Court in 2012 and the New South Wales Supreme Court last year.  

Late last year, I sat with His Honour on the ACT Court of Appeal to hear what promise to be a rather dull case.  It concerned the assessment of stamp duty in the ACT.  However, the judgment made headlines in the Canberra Times, admittedly not a difficult task.  The headlines proclaimed Government Flies White Flag in Stamp Duty Case.  The paper went on to state that having lost in the Appeals Tribunal before a single judge in the Supreme Court  and now on appeal, the government had decided against a further appeal.  The Canberra Times predicted that the Court of Appeal judgment could open the floodgates to a torrent of litigation from buyers who bought house and land packages in Canberra’s north.  Given the state of the court’s civil list, let’s hope not.

It is at considerable personal expense that Justice Cowdroy spends time in Canberra.  He’s a keen sailor who enjoys most weekends on Sydney Harbour.  While always diligent and committed to his judicial work, as a Friday afternoon wears on his eyes wistfully wander to the window and one can discern a yearning for the sea breeze.  Yet despite Canberra’s distance from the sea, I know that times spent in Canberra, is in some respects pleasurable for his Honour.  He’s a true gentleman and Canberra houses one of the last bastions of true gentleman, the Commonwealth Club at Yarralumla.  When in Canberra, his Honour delights in residing at that club.  There, he can enjoy a quiet champagne in the evening while gazing down on the treetops of Canberra and out at the rosy sunset far from the maddening traffic of peak hour Sydney.  This year, Canberra’s frosty winter evenings will see your Honour, thus 
ensconced, as we welcome you back as an acting judge of our court.  Your Honour may be gone from the Federal Court, but you’re not forgotten by the ACT Supreme Court.

ALLSOP CJ:   I would invite Justice Tracey of this court, the Judge Advocate General of the Australian Defence Force and the President of the Defence Force Disciplinary Appeal Tribunal to say some words.

TRACEY J:   Thank you, Chief Justice.  While providing distinguished service on this court, Justice Cowdroy has also made a substantial contribution to the administration of military law.  I’m very grateful to have the opportunity of marking his Honour’s contribution in the realm described by Justice Heydon in a case in which his Honour was involved as the servitude and grandeur of arms and the splendours and misery of military life.  In the wake of the Voyager disaster in 1964, the navy established the Sydney Naval Legal Panel under the command of Sir Laurence Street, who I’m delighted to see, is here this morning.  Justice Cowdroy was appointed to this panel in 2004 in the rank of Commander. He undertook his initial training at HMAS Creswell at Jervis Bay.  At that time, some of the buildings including the historic Geelong House were in a decrepit state.  This did not pass unnoticed by his Honour.  He was instrumental as the Attorney-General has noted in persuading the government shortly afterwards to allocate some $83 million to the re-development of the birthplace of the Royal Australian Navy. 

It is not generally appreciated that environmental protection legislation bears heavily on the conduct of military operations and the maintenance of military basis.  Justice Cowdroy’s expertise in this area has been of great benefit to the Defence Force.  He has been called on regularly to provide advice about measures which are designed to ensure compliance with its legal obligations.  And he has also assisted in raising awareness of these issues by contributing papers on environmental topics at Defence Force conferences.  Justice Cowdroy has made a significant contribution to the military justice system.  Since 2009, he has provided some 36 reports under the Defence Force Discipline Act on trials by court martial and Defence Force magistrate.  This is no minor work.  It involves reading sometimes lengthy transcripts and ensuring without the assistance of submissions that the appropriate practices and procedures have been observed.

He has held appointments as a member of the Judge Advocate and Defence Force Magistrate Panels since 2010 and since 2011 has been a member of the Defence Force Discipline Appeal.  
In all these capacities, he has rendered conspicuous voluntary service.  His careful reports and judgments have ensured that countless servicemen and women have received justice according to law.  His Honour has also provided important guidance relating to the conduct of investigations into a number of incidents such as helicopters crashes and accidents occurring in the course of joint exercises with allies. 

 Many other examples of Justice Cowdroy’s contribution to Australia’s Defence community could be mentioned.  I will confine myself to two.  The first was his advocacy of the concept of the term of the “unknown soldier” at the Australian War Memorial.  He played a critical role in bringing this great project to completion in time for its dedication on Remembrance Day in 1993.   The second is his involvement in the establishment by the RSL of a Legal Aid scheme for members of the Australian Defence Force.  Under this scheme, hundreds of servicemen and women have been provided with pro bono advice from the local legal profession.  

Justice Cowdroy has served the Australian Defence Force with distinction.  I’m pleased to note that that service will continue.  He remains actively involved in the planning of this state’s Commemoration of the Centenary of the First World War.  And although, constitutional senility will bring his judicial service to an end tomorrow, he has received an age extension in the navy, so that he continues as a Judge Advocate and Defence Force Magistrate in military trials.  In granting this extension, the chief of navy made a point of saying how much the navy valued Commander Cowdroy’s knowledge and experience of military discipline law.  The members of the Defence Force Discipline Appeal Tribunal are grateful to Justice Cowdroy for his dedication to its work and on their behalf, I extend to him our best wishes for what I’m sure will be an active retirement from judicial work.

ALLSOP CJ:   Thank you, Justice Tracey.  Mr Street.

MR A. STREET, SC:   If the court pleases.  It’s a great personal privilege for me on behalf of New South Wales Bar Association and on behalf of the Australian Bar Association to pay tribute to your Honour for your Honour’s outstanding service as a Chapter III Justice.  The President of the New South Wales Bar Association, Phillip Boulton, sends his personal apologies and his best wishes for your Honour’s future.  The referendum that reduced service by Chapter III Justices to adeem statutory senility of 70 clearly needs to be revised, as your Honour’s continuing contribution to this bench and the loss of that is much to be regretted.

In this regard, happily no such restraint exists in the ICJ, which recently has benefitted from the service of a former very distinguished Chapter III Justice who’s present today, although, the spring of Australian juror’s prudence was not the source of majority first.  The presence of so many distinguished guests, serving and past judicial officers from other courts, the current and past military presence of the highest ranks, family, friends and professional colleagues present all speak volumes as to the overwhelming veneration in which your Honour is held.  Throughout your Honour’s long judicial service, it’s clear your Honour has obviously kept a Dorian Gray portrait, probably secretly secured in the same place as Red Walker’s Dorian Gray work of art.

Your Honour has been an exemplary, judicial, courtesy, proprietary, sartorial, splendour and leadership.  These qualities were unquestionably enriched by your old neighbour and friend from the rustic hills of Gordon, being the exemplary judicial office of Late Honourable John Lockhart.  On this honourable court, your Honour 
has wielded cold logic in the efficient disposition of Chapter III matters with a dignity and fairness that are the hallmarks of judicial method.  Your Honour’s former colleagues from the distinguished 12 Wentworth and Selbourne Chambers are counting how many times I mention Chapter III.  Those former colleagues include Justice Rares and Justice Perram of this court sitting with your Honour today and a number of judges of the Supreme Court of New South Wales and the Land and Environment Court of New South Wales and from the Federal Circuit of Australia, my sister, Judge Sylvia Emmett.  

Your Honour has a lingering light demeanour, which has been applied with brilliant successful at the Bar and on the bench and the many areas already mentioned of your Honour’s activities, which I won’t repeat.  Your Honour was given some advice early in your career by the first chief justice of this honourable court, Sir Nigel Bowen, to which you have adhered to both on and off the bench.  Namely, in dealing with all people, always tried to get the best out of them rather than approach of criticism, indifference or intolerance.  The assumption underlying this philosophy which your Honour has applied in dealing with barristers and solicitors as well as others is that most are trying their hardest to do their best in circumstances of unseen restraints, limitations or pressures and recognising that the best results are achieved by an atmosphere of expressly encouraged teamwork in striving for excellence in the administration of justice.  To get the best teamwork out of the Bar whilst on the bench, your Honour always endeavoured to encourage by example of your own courtesy, efficacy, industry and brevity.

Your Honour also got the best out of barristers because of the high respect and admiration in which you are held and which instils an earnest desire to emulate your high standards.  That encouragement of all at the Bar that your Honour encountered is very much appreciated.  I’ve been requested by Captain James Renwick of the Sydney Naval Reserve Legal Panel to pay tribute to the outstanding service and leadership your Honour has provided to the ADF Legal Services and in particular, the Sydney Naval Reserve Legal Panel.  Again, your Honour has inspired all on that panel by your impeccable demeanour, devilish industry, distinguished legal acumen and as a heavy weight role model, legal officer.  I personally had the pleasure of briefing your Honour at the bar when I was at Ebsworths about 35 years ago and it is the greatest personal delight for me to address your Honour, knowing that history had a tendency to repeat itself.  In that, your Honour had, in fact, briefed my father, Sir Laurence Street, when at the bar, who is, I am proud to say, here today.  Your Honour’s success has been dependent on your family and your wonderful wife, Jenny, and your three very talented daughters, Georgie, Lucy and Sophie and your son-in-law at the bar, Nick Bolinsky, as a good junior, is going to count how many times your Honour uses the phrase, chapter III.

Your Honour will be much missed from his honourable court by the Australian Bar and in particular, by the New South Wales Bar.  The Australian people could not have been better served than by the contribution your Honour had made, whilst on this honourable court, to the administration of justice and to the rule of law.  We wish your Honour and your Honour’s family every continuing success and we wish your 
Honour a long, happy and fruitful retirement from this court.  Whilst the independent of our chapter III courts from the executive is a foundational bastion of our democracy, if your Honour could for one moment deem me to be in white uniform on this ceremonial occasion, together with the customary ceremonial sword, the Australian Bar and the New South Wales Bar salutes your Honour.

ALLSOP CJ:   Mr Ulman.

MR G. ULMAN:   May it please the court.  Your Honour, on behalf of the Law Society of New South Wales and the 27,000 solicitors of this state, it is a privilege and a pleasure to add my valedictory remarks.  Today I also speak on behalf of the Law Council of Australia and its president, Mr Michael Colbran QC, in commending your Honour’s – your contribution to the administration of justice and wishing you well for the future.  Your Honour was the youngest of three sons born to the late Ethel Antill and Clifford Gordon Cowdroy.  Your father, an accountant, served with the shipping company, Blue Funnel Line, for some 50 years.  I understand that it was your father who was responsible for your interest in the sea and particularly, your fascination with ships, particularly large ships which he would visit with you in tow.

A genetic predisposition to things nautical, no doubt received an added boost from your mother’s grandfather, a sea captain who sailed ships to China and became the harbour master for Sydney.  Growing up in the 1940s in East Roseville there were no televisions, computers, mobile phones and indeed, no internet service providers or Twitter.  For entertainment, young boys’ ears were tuned to radio programs like Air Travel of Biggles, playing in the bush or on waters of Middle Harbour.  Your Honour and brothers, Cliff and Max attended Roseville Practice School, now Roseville Primary School, where your Honour exhibited an early independent spirit in infant school.  

When you became a bit bored with lessons, you would run home at lunch time in your sandshoes and not return.  It seems your absences went undetected by school authorities.  This early truancy did not appear to adversely impact on your later education at Sydney Church of England Grammar School where you gained a Commonwealth scholarship to the University of Sydney and subsequently, graduated with a Bachelor of Laws degree.  As we have heard, your Honour won a Rotary scholarship to study for your Masters of Laws at King’s College in London, during which time you gained a Diploma in Air and Space Law.

Your Honour is quoted as saying that the scholarship gave you an opportunity in life that otherwise would not have – you would otherwise not have had and enabled you to go to the bar in 1971.  In light of your family background and upbringing, your Honour’s interest in history, Australia’s armed services and the water based pursuits becomes clearer, not so a career in law.  With a bit of digging, we did find a law and order connection on your mother’s side of the family.  Your Honour’s middle name, Antill, harks back to colonel times, to Henry Colden Antill, a New Yorker who sailed with the 73rd regiment on the Dromedary, which transported Governor of New South Wales, Lachlan Macquarie to Sydney.

Major Antill became the Governor’s aide-de-camp and was a member of the Vice-Regal Party which officially opened the road in Bathurst in 1815, a path your Honour would regularly take on circuit to that city.  When he retired from the army, Major Antill settled on an estate near Picton in 1829, became resident magistrate and Superintendent of Police for the district.  Records describe him as a diligent and scrupulous magistrate.  Indeed, your Honour is noted for your diligence, efficiency and organisation which you have imparted to your daughters over the years, two of whom have followed you down the legal path.  In particular, you are reputed to be an incorrigible list maker, whether it be preparing dot points for cases or noting reserve judgments in order.  

As we have heard, your Honour has been appointed to the Anzac Advisory Committee which will make recommendations on commemoration of World War I events.  Unsurprisingly, your Honour’s family history reveals a connection with World War I that goes well beyond that defining meeting with Dr Bean.  Indeed, at least two members of your Honour’s family featured prominently in the Great War.  Captain Brian Colden Antill Pockley, a doctor and a member of the Army Medical Corps, was killed in September 1914 while serving in New Guinea.  He was the first Australian soldier and possibly the first Australian officer and possibly the first Australian soldier killed in that war.

Incidentally, the late Captain Pockley, like your Honour, was educated at Shore and the University of Sydney.  Another from the Antill branch of your Honour’s family who served with distinction in the Great War was John Macquarie Antill.  The bull ant, as he was sometimes referred to, was a Boer War veteran who fought with a light horse on Gallipoli and in the Sinai, and led an infantry battalion on the Somme.  As distinguished as his record of war service was, the then Brigade Major Antill gained some notoriety in the Peter Weir film, Gallipoli, as the officer who is best known for not stopping the charge on Turkish lines at the neck.  

Your Honour was admitted as a solicitor in 1967, having completed five years of articles with a firm, Fisher & McCanch with J T Rolson & Son.  Your Honour’s master solicitor was James D Moores.  When you left that firm you received as a parting gift, the partner’s desk that belonged to Fred Lamport.  Fortunately, Mr Lamport had retired before his desk was given away.  The desk was used by your Honour from the time you were admitted to the bar until your appointment to the bench, when its size proved too much, even for a judicial doorway.  Your time with Fisher & McCanch provided you with the insights into the work of the solicitor’s branch and the challenges specific to their roles in the administration of law.

Insights which you carried with you, both at the bar and on when on the bench.  Solicitors who briefed you remarked on your ability to instil complex matters into readily understandable language and to remain incredibly polite and courteous in every situation.  You were also professionally generous in giving them due recognition for their work.  As National Trustee of the RSL, you were also generous in the acknowledgement of the Law Society’s support for the establishment of the RSL Legal Aid referral Scheme.  A letter to the society co-signed by your Honour in 
2005 noted that the scheme would not have been possible, but for the unqualified encouragement of Mr Gordon Salier, the immediate past president of the Law Society of New South Wales and the then president, Mr John McIntyre.

Always a very engaging counsel, your Honour was considered the go to person if facing the wrath of a judge for failing to comply with a directions hearing because you were noted for being thoroughly charming to the bench.  Ruthless might be a more apt word when it came to your Honour’s wheeling and dealing in the car yards.  I’m told that sales people at Mercedes Benz used weep when they saw your Honour approach, as they knew that they were going to be subjected to weeks of negotiations and bargaining, only to surrender to your Honour’s terms at the end.  A keen traveller over the years, there is usually a purpose in those trips, such as inspecting war graves in Cypress, attending board meetings in London, or more recently, visiting Vietnam with your colleague, her Honour, Justice Katzmann, to educate judges there about property law and environmental law.

Dr Charles Bean is said to said to have lived the motto, “To thine own self be true” and similarly, your Honour has demonstrated in all your dealings, a greatness of spirit and a desire to share your knowledge and experience for the benefit of others.  As your Honour said at your swearing in as a judge of the New South Wales Land and Environment Court:

The continuity of the law depends upon the knowledge which we have gained from our superiors.  

On that occasion, your Honour also made reference to the Shaw motto which translates from the Latin as, “We hand on the torch of life”, so in keeping with that motto today, it is your Honour’s turn to pass on that torch of life to those who follow, and on that note, your Honour, it is, to quote from one of W E John’s Biggles books, time for your Honour to “adjust those goggles and wave the chocks away”.  As you do, the solicitors of this state extend their best wishes to you and wife, Jenny, daughter, Georgina, Lucinda and Sophie and grandchildren, James and Nicholas and every success and happiness in the years ahead.  As the court pleases.

ALLSOP CJ:   Thank you, Mr Ulman.  Justice Cowdroy.

COWDROY J:   Distinguished guests, ladies and gentlemen, may I thank everyone present today for attending this ceremony, especially those who have travelled from interstate.  You honour not only me but also this great court.  I am overwhelmed to see so many people here.  

May I acknowledge especially, the presence of General Peter Cosgrove AC MC, our Governor-General designate.  It is truly a delight that with all the preparations for your great office, you could attend this morning.  

Chief Justice Allsop, the Honourable George Brandis WC, Chief Justice Murrell, Judge Advocate General Tracey, Mr Street SC and Mr Ulman, you have been most generous with your observations and I appreciate your remarks indeed.

Your remarks highlight the immensely enjoyable period I have spent, both as a legal practitioner and as a judge and how my sister and brother judges and the members of the profession have made my time as a judge so rewarding. 

I thank Professor Behrendt for her gracious acknowledgement to country.  I would also like to acknowledge the presence of the Honourable Pat Keane, Justice of the High Court of Australia and our former Chief Justice; the Honourable Ian Callinan AC QC who has travelled from his current posting as a judge of the World Court in The Hague; the Honourable Bill Gummow AC QC; the Honourable Tom Bathurst, Chief Justice of New South Wales; Justice Margaret Beazley AO, President of the Court of Appeal; all of my other fellow and former judges of this court and of other courts, and Mr Michael Sexton SC, the Solicitor-General for New South Wales.  

I turn now to my sister, brother and judges. The dedication, industry and companionship of all those who sit with me on this bench is truly exceptional.  It would be difficult to surpass such a dedicated bench.  I shall miss them all.  

When the Chief Justice generously offered this ceremony, I gladly accepted because it provides an opportunity for me to express my profound thanks and appreciation to all present for their part in contributing to my legal career.  I wish to address some remarks to our legal profession. At the outset, may I say what a pleasure it is to see here this morning the Winston Churchill of the New South Wales Bar, the Honourable T.E.F. Hughes AO QC.  His philosophy, like Churchill’s, was no surrender and no retreat.  He is the colossus of the Bar in our time.  He has travelled from the country to be present and I thank him so much for doing so.  

The legal profession must, because of its proficiency, ingenuity and integrity, stand out as one of the best legal professions of any nation.  All practitioners, both solicitors and barristers, contribute immensely to the work of this court and serve it admirably.  The Court relies on such assistance.  Ultimately, we are all striving to administer the law in a just and caring manner.

Litigants inevitably find litigation stressful, as do practitioners.  Judges wield immense power but that power must be used with compassion for those who come before us.  

I wish to turn to give recognition to a branch of the legal profession which merits special recognition.  It is known as Defence Legal.  I am greatly honoured by the presence of Rear Admiral Tim Barrett AM, Fleet Commander of the Royal Australian Navy, Commodore Mead representing the Chief of Navy, Captain Scott Ritchie, Director Navy Legal Services and Mr Mark Cunliffe PSM, the Head of Defence Legal.  

Defence Legal comprises those Australian Defence Force members who serve as lawyers for the Army, Navy and the Air Force of this country. Their work is often unknown to the legal world.  The Navy Legal Panel is comprised of solicitors and barristers who are members of the Navy Reserve.  The Panel was founded, as you’ve heard, 50 years ago by our beloved Sir Laurence Street, Chief Justice of New South Wales from 1974 to 1988 and it is a pleasure to see Sir Laurence here today.  The panel contributes regularly to the work of the Navy.  I am privileged to be a member of that Panel and it is a delight that so many are here this morning from that Panel.  

I have noticed, however, that service men and women of the United States are revered by the public in recognition for their service.  The appreciation, respect and gratitude for their patriotic services and for their veterans is much more visible than in our country.  For example, when boarding an aircraft in the United States the boarding priority is made collectively for first class and for members of the armed forces, before any other passengers.  It would be wonderful to see similar recognition in this country.  I am excited by the fact that the commemorations for World War I later this year will create greater public awareness of and gratitude for our service personnel.  

On this busy bench judges not only devote their energies to deciding cases, there is a myriad of activities within the Court where judges contribute in other ways.  My special interest was the International Development Committee and reform in Vietnam, having lectured there to 150 judges in 2012 and again, with Justice Katzmann in 2013.  It is so gratifying to know that as a result of our courts involvement, steps are being taken to establish a land court in that country to deal with all aspects of land law.  

I now wish to address some aspects of work outside the Court.  Many judges actively participate in organisations and charities outside the Court.  

My judicial life has been enriched by the involvement in the Returned and Services League of Australia.  I commenced doing pro bono work for the RSL in 1971 in my first year at the Bar.  

I’m greatly honoured by the presence here of Rear Admiral Doolan AO, the National President of the RSL, together with Brigadier Sheldrick OAM, Chairman of Trustees who have travelled from Canberra.  Mr Don Rowe OAM, the New South Wales State President of the RSL and Mr Christopher Perrin, the State Secretary are also present.  

The RSL serves our veterans and the current interests of our ADF members with distinction.  It has been a pleasure for me to maintain that association.  

My work in this court has been a sheer delight and my enjoyment has been greatly assisted by all of my Associates.  My current Associate, who has served me so well, is Mitch Hillier who sits in front of me.  His predecessors have gone on to positions at the Bar, the World Bank, Defence and eminent law firms and Mitch will surely follow.  

My devoted EA, Victoria, has been with me since my inception in this court.  Her wisdom, insight and devotion to her work are of the highest order. 

My wife, Jenny has been the lynchpin of my life.  Without her I would not have been able to achieve what I have achieved in my legal career.  I have also been the beneficiary of support from each of my three daughters, Georgina, Lucinda and Sophie and of my son-in-law, Nicholas Bilinsky and Georgie’s partner, Sean Duffy.  My nine year old grandson, James Kerr, who I find to be a source of constant inspiration, is also here today.  

I have been asked what is the secret to a happy, rewarding life in the law.  I know that this is a vexed question for many young practitioners.  There are several answers.  First, maintain a balanced life.  My grandfather was a Minister of the Anglican Church and from a young age I was instilled with the philosophy that you should treat others as you would like to be treated.  The values taught to me as a child have remained and guided me to try to keep a sense of proportion, balance and respect for others.  Every person is important.  

Second, remember that you must make time for your family and friends, even though this may prove difficult.  I recall declining a brief to appear in London so that I could attend my youngest daughter’s 21st Birthday celebration.  Your family and your family values must co-exist with your work.  The two can complement each other.  A close family can be so supportive and give encouragement which we all need.  

I had no family connection in the law but I was encouraged constantly from my earliest days as a barrister by my late father-in-law.  His support for me exemplified the expression, “encouragement gives courage”.  

It concerns me that so many practitioners feel pressured to be working long hours in the office.  I would often do work at weekends with my family at the Central Coast.  To be surrounded and supported meant that weekend work could take place while sharing time with the family.  Or I would work in my home study, rather than work in chambers into the evening.  My family have often remarked how much this practice contributed to our happy family life.  Thirdly, take an interest in something outside your work.  It can be most rewarding.  

All legal practitioners have a capacity to excel and to lead.  You can do much to contribute to the quest for perfection in our legal system.  It really is a privilege for us all to be part of it.  

I thank each and every one of your for participating in my legal career and wish every success for your exciting future careers.  As Mr Ulman has said, the motto of my old secondary school was “vitai lampada tradunt”: We hand on the torch of life.  

I now hand on that torch to another to continue the work of this wonderful court.  Thank you, Chief Justice.

ALLSOP CJ:   Before the Court adjourns, may I thank Professor Behrendt for her welcome to and acknowledgement of country.  The Court appreciates its importance.  The Court will now adjourn.

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