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TRANSCRIPT OF PROCEEDINGS

O/N H-1874032
FEDERAL COURT OF AUSTRALIA

CEREMONIAL SITTING OF THE FULL COURT

TO RECEIVE ANNOUNCEMENT OF THE APPOINTMENT OF

SENIOR COUNSEL IN AND FOR THE STATE OF VICTORIA

THE HONOURABLE DEBRA MORTIMER, Chief Justice
THE HONOURABLE JUSTICE KENNY AM
THE HONOURABLE JUSTICE MURPHY
THE HONOURABLE JUSTICE WIGNEY
THE HONOURABLE JUSTICE MOSHINSKY
THE HONOURABLE JUSTICE BROMWICH
THE HONOURABLE JUSTICE O’CALLAGHAN
THE HONOURABLE JUSTICE WHEELAHAN
THE HONOURABLE JUSTICE O’BRYAN
THE HONOURABLE JUSTICE SNADEN
THE HONOURABLE JUSTICE ANDERSON
THE HONOURABLE JUSTICE ROFE
THE HONOURABLE JUSTICE MCEVOY
THE HONOURABLE JUSTICE HESPE
THE HONOURABLE JUSTICE HORAN

MELBOURNE

10.21 AM, WEDNESDAY, 8 NOVEMBER 2023

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. 
MORTIMER CJ:   Mr Hay, President of the Victorian Bar.

MR S. HAY KC:   If the court pleases, I appear on behalf of the Victorian Bar.  The Bar takes pride in those of its members who have recently been appointed senior counsel in and for the State of Victoria.  May it please the court.

MORTIMER CJ:   Thank you.  Mr Harris.

MR R. HARRIS SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Ms Eleanor Mallett.

MORTIMER CJ:   Thank you, Mr Harris.  Ms Lacy.

MS S. LACY SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Richard Harris.

MORTIMER CJ:   Thank you, Ms Lacy.  Ms Dellidis.

MS H. DELLIDIS SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Ms Sharon Lacy.

MORTIMER CJ:   Thank you, Ms Dellidis.  Mr Gurr.

MR J. GURR SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Ms Helen Dellidis.

MORTIMER CJ:   Thank you, Mr Gurr.  Mr Guidolin.

MR D. GUIDOLIN SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr John Gurr.

MORTIMER CJ:   Thank you, Mr Guidolin.  Ms Evans.

MS K. EVANS SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Dean Guidolin.

MORTIMER CJ:   Thank you, Ms Evans.  Mr Merrick.

MR L. MERRICK SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Ms Kylie Evans.

MORTIMER CJ:   Thank you, Mr Merrick.  Mr Mitchell.

MR T. MITCHELL SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Luke Merrick.

MORTIMER CJ:   Thank you, Mr Mitchell.  Mr Liondas.

MR P. LIONDAS SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Travis Mitchell.

MORTIMER CJ:   Thank you, Mr Liondas.  Mr Pitt.

MR S. PITT SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Paul Liondas.

MORTIMER CJ:   Thank you, Mr Pitt.  Mr  O’Farrell.

MR P. O’FARRELL SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Simon Pitt.

MORTIMER CJ:   Thank you, Mr O’Farrell.  Mr Redd.

MR H. REDD SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Peter O’Farrell.

MORTIMER CJ:   Thank you, Mr Redd.  Mr Follett.

MR M. FOLLETT SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Hamish Redd.

MORTIMER CJ:   Thank you, Mr Follett.  Ms Crafti.  

MS G. CRAFTI SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Matthew Follett.

MORTIMER CJ:   Thank you, Ms Crafti.  Ms O’Gorman.

MS K. O’GORMAN SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Ms Gabrielle Crafti. 

MORTIMER CJ:   Thank you, Ms O’Gorman.  Ms Spencer Bruce.

MS T. SPENCER BRUCE SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, next in precedence after Ms Kateena O’Gorman.

MORTIMER CJ:   Thank you, Ms Spencer Bruce.  Mr Stanley.

MR R. STANLEY SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Ms Tamieka Spencer Bruce.

MORTIMER CJ:   Thank you, Mr Stanley.  Mr Chessell.

MR B. CHESSELL SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Richard Stanley.

MORTIMER CJ:   Thank you, Mr Chessell.  Mr Tracey.

Mr J. TRACEY SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Barnaby Chessell.

MORTIMER CJ:   Thank you, Mr Tracey.  Mr Brown.

MR L. BROWN SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr John Tracey.

MORTIMER CJ:   Thank you, Mr Brown.  Ms Spencer.

MS F. SPENCER SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Liam Brown.

MORTIMER CJ:   Thank you, Ms Spencer.  Ms Boston.

MS C. BOSTON SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Ms Fiona Spencer.

MORTIMER CJ:   Thank you, Ms Boston.  Mr Brown.

MR C. BROWN SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Ms Catherine Boston.  

MORTIMER CJ:   Thank you, Mr Brown.  Mr Gladman.

MR S. GLADMAN SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after my learned friend Mr Christopher Brown.

MORTIMER CJ:   Thank you, Mr Gladman.  Mr Nathwani.

MR R. NATHWANI SC:   I have the honour to announce that I have been appointed as senior counsel in and for the State of Victoria, taking precedence next after Mr Shaun Gladman.

MORTIMER CJ:   Thank you, Mr Nathwani.  A warm welcome to you all, and a special welcome to all the families and friends of those senior counsel announcing their appearance today.  It is a very special day.  The ceremony is taking place on the country of the people of the Kulin Nation.  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 our First Nations peoples, including how First Nations people are treated by the justice system.  

This ritual today, of newly appointed senior counsel appearing before each of the major Courts in the jurisdiction in which they have been appointed, serves several purposes.  It provides an opportunity for each Court, itself, to acknowledge and congratulate those who have been appointed.  

That the ceremony takes place in public, being the way that the Court conducts all its business, subject to limited exceptions, serves a public purpose of recognising the  move of each of you to the ranks of the senior Bar and to holding a special position as officers of the Court, and as participants in the administration of justice.

Perhaps most importantly, this ceremony and the others in which you participate today are a chance for all those who have been appointed to celebrate an important milestone in your practice of the law, as a group with each other and with your friends, colleagues and families.  

I can recall a famous silk of the Victorian Bar, Hartog Berkeley QC, was telling me that when he applied for silk, all you had to do was walk across the road and show the Chief Justice your fee book.  That may have been an exaggeration knowing Hartog. But as you all know only too well, the process is more complex and rigorous today, as it should be in contemporary Australia.Appointment as Senior Counsel in the State recognises that you each have the necessary personal and professional qualities, and the expertise and experience to be marked out from other members of the Bar.   It recognises that you have been assessed to have those qualities, expertise and experience by those at the Victorian Bar appointed by the Chief Justice of Victoria to assist her in that assessment, by the Judges who have been consulted during the process and, most importantly, that the Chief Justice herself has assessed you as suitable.  

With all these feelings of pride and achievement, that I know you will have today, comes considerable responsibility. Courts and their Judges and all participants in the legal system expect and are entitled to expect that Senior Counsel will observe the highest standards of integrity, respect and professional behaviour.  To expect you will know your craft and strive to be of assistance to the Court in not only representing your clients’ interests, but in serving the administration of justice.  You each will now model those values and qualities to the juniors you lead, to the juniors you mentor and to counsel you appear against.  

On behalf of all the Judges of the Federal Court, I congratulate each and every one of you on your appointments and look forward to seeing many of you appearing in this Court.  Thank you for your attendance today, and thank you to all the members of the profession, family and friends who have attended today. 

Please adjourn the court.

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