Swearing-in as Deputy Judge Advocate General, Air Force

AIRCDRE the Hon Justice Melissa Perry

Federal Court of Australia, Sydney

21 March 2023

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Thank you, RADM Rush, for your kind and generous words, and RADM your Honour Justice Slattery for administering the Oath of Office. I cannot thank you both enough for your support, encouragement, and wise guidance.

I too acknowledge the Gadigal people of the Eora Nation, the traditional custodians of this land, and pay my deepest respects to their Elders past, present and emerging. I also wish to acknowledge Aboriginal and Torres Strait Islander people attending today and those who have served or continue to serve with honour among our military forces here and abroad.

RADM Jack Rush AO KC RFD RAN, my fellow DJAG’s CDRE James Renwick CSC SC and BRIG his Honour Judge Paul Smith, Chief Judge Advocate MAJGEN Michael Cowen KC, and the Registrar of Military Justice GPCAPT April-Leigh Rose — each of you have made me feel welcome in my new role and I am excited about the opportunity to work with you and to continue to learn from your very considerable knowledge and experience. 

I must also specially mention the immediate past Judge Advocate General, RADM the Hon Justice Michael Slattery AM AM (Mil) RAN, who has long been a generous mentor to me.

I am honoured by the presence, in person and virtually, of family, friends, and esteemed colleagues, including the Hon Michael Kirby AC CMG, the Hon Justice Stephen Gageler AC, the Hon Dennis Cowdroy AO KC, the Hon Justice Anna Mitchelmore, MAJGEN the Hon Justice Paul Brereton AM RFD, fellow judges of the Federal Court, AVM Barbara Courtney, AIRCDRE’s Ian Henderson AM, Patrick Keane and Kaarin Kooij CSC, the First Assistant Secretary, Ministerial and Executive Communication and Co‑ordination, Ms Rowena Bain, on behalf of the Associate Secretary of the Department of Defence Mr Matt Yannopoulos PSM, Inspector-General of the Australian Defence Force Mr James Gaynor CSC, and other members of the Australian Defence Force. I am particularly pleased that members from each of the services are in attendance.

I accept that I have large shoes to fill in succeeding AIRCDRE his Honour Judge Gordon Lerve, to whom I must also extend my thanks for his encouragement over the years and his warm words of congratulations.

I also wish to acknowledge the generosity of Federal Court of Australia in hosting this ceremony and convey the apologies sent by Chief Justice Allsop who cannot be here as he is travelling abroad.

I will touch briefly, if you would indulge me, upon three significant influences upon my career and decision to join as a reservist in 2011.

First, I was drawn to the life of a barrister by the strong sense of collegiality that exists at the Bar. The strength of that collegiality derives from the Bar’s common pursuit of service to the public and fearless advocacy on behalf of individuals who otherwise may have no effective voice within, or understanding of, the justice system, despite its potential impact upon their lives and livelihood. 

Equally, I was drawn to service as a legal reservist among other things by the collegiality that exists within the armed forces. However, in the military context, collegiality or esprit des corps plays a more fundamental role. It is essential to maintaining the trust, morale, standards, and sense of common purpose among members of the armed forces which is necessary for a functioning and effective defence force. Indeed, it is the pursuit of these objects which justifies the very existence of a system of military discipline separate from the system of domestic criminal law.

Secondly, I love a challenge. As one of only half a dozen or so women at the Bar in South Australia when I began (aside from those practising in family law), I intentionally chose to practice in areas where female barristers were not then represented. I hoped thereby to contribute to a movement by women to demonstrate that we could be just as effective as our male colleagues across the breadth of work at the Bar. In my pursuit of that goal, I should pay tribute to the generous encouragement and practical guidance extended to me by many male and female mentors and to the extraordinary and courageous women before me who inspired and continue to inspire me in my own career.

My passion for challenge also motivated me to respond somewhat recklessly to the RAAF’s expression of interest in joining the Legal Specialist Reserves published in the NSW Bar Association’s daily newsletter back in 2009. After practising at the Bar for 17 years and, as silk, for 5, I felt that it was time for me to do something new completely outside my comfort zone which would require me to start at the bottom again in an entirely new area of endeavour.

In assuming today the challenges of this new role, I am particularly honoured by the trust which has been placed in me and am grateful for the opportunity that this affords me to mentor and be a role model for the many highly talented young women in the forces. In this regard, as I said at my promotion ceremony last month, I have been very touched by messages from female officers expressing how much it means to see a woman in this role, and I am greatly looking forward to meeting many of you.

Finally, I was also drawn to service by a sense of respect for those who are prepared to place their lives on the line in defence of our country and our allies, and of our democratic values and, in turn, by the respect for the rule of law which is foundational to the values and mode of operation of the Australian Defence Force. That respect also underpins our system of military discipline and dedication to ensuring that that system is administered fairly to all service women and men.

Thank you all so very much again for being present and sharing with me this important moment.

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