COPYRIGHT RESERVED 1 (N.B.) Copyright in this transcript is the property 2 of the Crown. If this transcript is copied without the authority of the Attorney-General 3 proceedings for infringement will be taken. 4 IN THE SUPREME COURT 5 6 FULL COURT 7 8 ADELAIDE 9 10 CORAM: KOURAKIS CJ, KELLY, PEEK, BLUE, STANLEY, NICHOLSON, 11 BAMPTON, PARKER, LOVELL, DOYLE, HUGHES AND LIVESEY JJ 12 13 SPECIAL SITTING 14 15 16 ON THE PRESENTATION OF THE COMMISSION BY THE HONOURABLE 17 JUSTICE BLEBY 18 19 20 21 22 23 24 25 26 27 28 TRANSCRIPT OF PROCEEDINGS 29 30 THURSDAY, 20 AUGUST 2020 AT 9.36 A.M. 31 32 33 ATTORNEY-GENERAL FOR STATE OF SA 34 MR T. WHITE FOR LAW SOCIETY OF SA 35 MR M. HOFFMANN QC FOR SOUTH AUSTRALIAN BAR ASSOCIATION 36 37 38

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KOURAKIS CJ: The whole bench of the Supreme Court sits 1 today for the presentation by Justice Bleby of his 2 commissions as a Justice of this court and a Justice of 3 its Appeal Division. 4 I welcome all of you and, in particular, his 5 Honour's family and friends. 6 It is appropriate that I record some of the special 7 features of this ceremonial sitting which have been put 8 in place to address the public health risks imposed by 9 the COVID-19 virus. First, the proceedings are being 10 relayed from this court to the large inbuilt screen of 11 the recently renovated courtroom 6 to allow safe 12 distancing between persons in the public galleries of 13 both courtrooms. Secondly, because it has been 14 necessary to limit the number of persons present in 15 court, the proceedings will be streamed by Webex 16 audiovisual links to some members of Justice Bleby's 17 family and friends interstate and overseas, the Crown 18 Solicitor's Office, the Office of the Director of Public 19 Prosecutions, the offices of the Legal Services 20 Commission, the Attorney-General's Office, the offices 21 of the Aboriginal Legal Rights Movement and to members 22 of the South Australian Bar. 23 Even though those measures are necessary today for 24 public health reasons, some limited streaming may again 25 be adopted in the future to allow more members of the 26 profession and the public to witness what is an 27 important and rejuvenating occasion in the 28 administration of justice in this State. 29 In other respects, this sitting will proceed in the 30 usual way. After Justice Bleby presents his commission 31 the Attorney-General will have an opportunity to welcome 32 the Judge on behalf of the Executive Government and on 33 behalf of the people of the State. Justice Bleby, like 34 all of us, was appointed to his office by the Executive 35 Government. 36 Judges may be appointed from the ranks of the 37 independent legal profession or, like Justice Bleby, 38

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from amongst the law officers of the Executive 1 Government. 2 However, on his appointment, Justice Bleby, like all 3 Judges of this and other courts who have preceded him, 4 joined the independent judiciary of this State which is 5 constitutionally entrusted with the exercise of the 6 judicial power of the State in accordance with the 7 practices and procedures of our courts and free from all 8 external interference. 9 The Presidents of the Law Society and the Bar 10 Association will also welcome Justice Bleby on behalf of 11 the legal profession of this State. The independence of 12 the legal profession complements the independence of the 13 judiciary. The protection the law affords individual 14 citizens is diminished if the independence of either the 15 judiciary or the profession is compromised. 16 In accordance with our usual practice, I will invite 17 the Attorney-General, the President of the Law Society 18 and the President of the Bar Association to speak in 19 that order. 20 Finally, Justice Bleby will have the opportunity of 21 reply. 22 Justice Bleby, I congratulate you on your 23 appointments. I welcome you as a Judge of the Supreme 24 Court of South and a Judge of the Court of 25 Appeal. 26 I invite you to take your seat at the bench. 27 28 29 30 31 32 33 34 35 36 37 38

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ATTORNEY-GENERAL: May it please the court. 1 May I first acknowledge your Honour's consideration 2 and determination that this ceremony will be 3 electronically conveyed for the benefit of others. But 4 today I rise to acknowledge the commission of 5 your Honour, Chris Bleby, as a Judge of the Supreme 6 Court and a Judge of the Appeal Court. For me this is 7 somewhat of a bittersweet occasion. On the one hand, I 8 am thrilled to see such an excellent, passionate legal 9 mind join the Supreme Court and the Court of Appeal. 10 But, on the other, it's an occasion tinged with sadness 11 as I also farewell the same man from the Office of 12 Solicitor-General. 13 In various capacities your Honour has served both 14 this government and previous governments with 15 distinction and I would like to take this opportunity to 16 thank your Honour for your work in the public sector as 17 Solicitor-General, as Crown Advocate and as a solicitor 18 of the Crown Solicitor's Office as well as with the 19 Director of Public Prosecutions. 20 One of your Honour's first times in the High Court 21 appearing with the then Director of Public Prosecutions 22 on an appeal from a novel DPP application to quash the 23 murder acquittals of four accused in the matter of NH v 24 DPP, this, your Honour, found you standing before the 25 Full Court of the High Court invoking the inherent 26 powers of a court to protect itself in order to defend 27 orders for a retrial for murder of all of the 28 co-accused. This was following juror statements casting 29 doubt over their intended verdict. The submission was 30 novel and bold and required your Honour to delve with 31 the High Court into the history and bounds of a court's 32 inherent self-protective powers - no small task. 33 Your Honour carried it off as though you had been 34 appearing in the High Court for decades. 35 As Solicitor-General, your appearances were 36 punctuated consistently with cases both constitutional 37 and criminal concerning the offence of persistent sexual 38

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exploitation. You argued no less than four High Court 1 cases engaging the provision in Hamra, Chiro, DL and KMC 2 and were counsel defending multiple constitutional 3 challenges to these difficult questions. 4 It was perhaps quite fitting that your final 5 appearance as Solicitor-General in the High Court saw 6 you appear one last time on such a matter in KMC v DPP. 7 But another major issue thematic of your time as 8 Solicitor-General was the ongoing development of the 9 High Court's jurisprudence on the implied freedom of 10 political communication. Your Honour appeared as 11 counsel for Attorney-General in Brown v Tasmania where 12 it was the Tasmanian forestry protest laws under 13 challenge. In Club v Edwards it was the Victorian and 14 Tasmanian safe access zones around abortion clinics. 15 Spence v Queensland concerned prohibitions on property 16 developers giving gifts to political parties, and in 17 Comcare v Banerji the implied freedom arose on the basis 18 of attacking the dismissal of Ms Banerji from the 19 Australian Public Service. Most recently it was 20 Ms Smethurst's challenge in the High Court of AFP raids 21 arising from her journalist work. 22 So with this long line of significant High Court 23 cases under your belt, your Honour is doubtless now one 24 of the State's leading experts on the implied freedom of 25 political communication and the court's most recent 26 adaptation from European Human Rights Jurisprudence, the 27 structured proportionality, a legacy of which 28 your Honour can be proud and of which we as South 29 Australians are the beneficiaries. 30 Enough of your legal advocacy. 31 Many of your colleagues have noted your kindness, 32 your compassion and your willingness to help others. 33 This has been reflected in your willingness to teach at 34 the tertiary institutions where you studied both at home 35 at the and abroad at the 36 University of Cambridge. It also reflected in the way 37 that you treat others in the legal profession regardless 38

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of whether they have worked with you or were appearing 1 against you. 2 One barrister recalls an occasion earlier this year 3 where they were to appear before the Full Bench of the 4 High Court. It was their first time as lead counsel 5 before this august institution and they were - too put 6 it lightly - rather nervous about their upcoming 7 appearance, speaking against not just your Honour but 8 many other State and Territory Solicitors-General. 9 About half an hour before the hearing your Honour came 10 in to tell the apprehensive barrister that he belonged 11 there, the High Court respected him and that he could do 12 a great job and would do so. It was an act of kindness 13 that has not been forgotten and speaks volumes as to 14 your decency toward others. 15 Your Honour's passion for the law of course is 16 widely known and recognised amongst your peers. People 17 who have worked with you note your joy when writing 18 about or arguing the law in court. On one occasion 19 where you and a colleague were clearly losing in a 20 matter before the High Court - a rare occasion - but 21 your colleague noted just how clear it was that you were 22 still loving every minute of it regardless of the likely 23 outcome. Sometimes though your Honour has appeared a 24 little too comfortable for the High Court. In one 25 matter I am advised a colleague recalls your growing 26 frustration at the time it was taking for the court to 27 raise a matter made in your written submissions. When 28 the Judge reached this important point, an 29 all-too-audible 'Finally' was heard emanating from 30 your Honour, earning a rather deadly glare from the 31 Judge. 32 It is said that our early experiences often shape 33 who we are, and this is most definitely true of 34 your Honour. I understand that in your first appearance 35 before the High Court as junior counsel your Honour was 36 left in the lurch, as the Solicitor-General of the day, 37 along with other Solicitors-General, had left early to 38

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attend a conference of Standing Committees of 1 Solicitors-General. So there your Honour was - left 2 alone to advise the court that was 3 relying on its written submissions. This moment, I 4 understand, had an indelible impact on your Honour to 5 the point that your Honour has never left a colleague in 6 the lurch, regardless of your own personal 7 circumstances, since. 8 On one occasion before the Full Court of the Federal 9 Court, where you were suffering from a severe bout of 10 vertigo, junior counsel's primary task was to keep a 11 close eye on your Honour to ensure you weren't at risk 12 of collapsing. 13 But your Honour has been a fearless advocate for 14 others and also for yourself on occasion. I know for a 15 fact, as I have seen the evidence, that when the 16 Attorney-General's Department made the decision to 17 relocate from 45 Pirie Street to the GPO Exchange 18 building in Franklin Street, your Honour had very 19 specific ideas about how the Solicitor-General's office 20 should look in the new building and, having been to this 21 office on many occasions, I can confirm that your Honour 22 has not only left a great legacy as Solicitor-General 23 but also very luxurious accommodation for your 24 successor. It's next to mine but a lot better. 25 Interestingly, one thing your Honour did not 26 consider when redesigning this office was that 27 passers-by would be able to see into your chambers and 28 learn one of your Honour's worst kept secrets, that is, 29 you enjoy taking an occasional siesta in your office, 30 the SC nap. On numerous occasions I understand your 31 colleagues as well as visitors have seen you asleep in 32 your office, to the point where some fairly senior 33 members of the department have photographs and video of 34 you engaging in this pastime including one memorable 35 incident where one of your colleagues decided to play a 36 joke on you by interrupting your afternoon snooze with a 37 rather loud phone call. I just want to assure 38

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your Honour that I have viewed the video evidence. 1 There is I think a provision in the Records Act which I 2 can give it the status of Her Majesty's Letters and it 3 will be there for the amusement of your great 4 grandchildren. But some have remarked that if they had 5 to spend the day reading about constitutional law they'd 6 probably need a nap too, while others have suggested 7 that if counsel chooses to question why your eyes are 8 closed in the middle of a hearing they should be 9 sceptical if your response is that you are actually wide 10 awake but have closed your eyes while thinking. 11 Your Honour, I wish you nothing but the best as you 12 embark on this next stage of your career. Our thoughts 13 and wishes are with you and I extend the compliments 14 today of many members of the Attorney-General's 15 Department who couldn't be with you today, some of whom 16 are viewing this occasion thanks to the decision made by 17 the court today. I appreciate that. I am not sure the 18 productivity will be good this morning but nevertheless. 19 May it please the court. To your new career. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38

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MR WHITE: May it please the court. 1 It is both a privilege and a pleasure to acknowledge 2 on behalf of the members of the legal profession of this 3 State through the Law Society of South Australia 4 your Honour's appointment as Justice of the Supreme 5 Court where you will preside until the Court of Appeal 6 more officially commences in 2021. 7 Your Honour is of course the second appointment to 8 the Court of Appeal following the appointment of the 9 Honourable Justice Livesey earlier this year. 10 Your Honour attended Pulteney Grammar, which is 11 interesting to note given the appointment to the Court 12 of Appeal of Justice Livesey who also attended Pulteney. 13 Currently, Pulteney Grammar old scholars hold the 14 enviable title of constituting the entirety of the 15 members of the Court of Appeal. I am sure there is no 16 conspiracy here and it's merely a coincidence. 17 After achieving outstanding results at Pulteney 18 Grammar, your Honour went on to complete a Bachelor of 19 Arts with Honours and a Bachelor of Laws with first 20 class Honours. You were admitted to the legal 21 profession in South Australia in 1995. 22 Upon graduating from the University of Adelaide, you 23 commenced work as an associate for the former Supreme 24 Court Justice John Perry during the years 1995 and 1996 25 predominantly. Subsequent to completing your 26 associateship, you commenced as a lawyer with the Office 27 of the Director of Public Prosecutions. 28 I am informed as a younger practitioner, deep down, 29 that you did not have a strong desire to practice the 30 law, allegedly, but, rather, held a passion to pursue a 31 career as an academic. Motivated by that desire, of 32 course your Honour moved to England where you commenced 33 studying at the Cambridge University from 1997 to about 34 2000. During your time at Cambridge you obtained a 35 Doctorate of Philosophy in Public International Law. 36 You wrote extensively on international law during your 37 years at Cambridge and of course subsequent to that. 38

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You then returned to South Australia in about 2000 1 commencing at the Crown Solicitor's Office practising 2 primarily in constitutional law where you remained for 3 about four years. You then joined the independent bar 4 in 2004, practising at Hanson Chambers predominantly in 5 the area of administrative and constitutional law, 6 employment, criminal and taxation law. During those 7 years your Honour also devoted considerable time and 8 effort to presenting on a range of topics to the 9 profession. Just some of these topics included 10 constitutional interpretation, appeals on questions of 11 law and aspects of criminal and workplace law. 12 A decade after you joined the independent bar 13 your Honour became Crown Advocate in the Crown 14 Solicitor's Office and then just two years later in 2016 15 you were appointed Solicitor-General of the State of 16 South Australia. 17 Solicitors and advocates have referred to 18 your Honour as being a highly approachable person, 19 someone who is greatly respected, patient when giving 20 advice and having a terrific sense of humour. Whilst 21 having not witnessed it personally, I am told by your 22 colleagues that your Honour enjoys telling jokes and 23 when doing so has exhibited very theatrical facial 24 expressions and hand gestures. 25 I understand, given your Honour's tall stature, your 26 more recent office moves generated challenges in 27 locating suitably sized furniture, in particular, 28 installing appropriate-sized office chair and desk. 29 Prior to the bespoke furniture arriving at your recent 30 offices, I am told that in the interim books and/or 31 briefs were used to elevate the height of your desk so 32 that you could sit comfortably at it. I hope 33 your Honour does not endure similar difficulties in your 34 chambers of this Honourable Court. 35 Lastly, your Honour's numerous attendances at the 36 High Court are well known and documented. I am informed 37 that since 2016 alone you have appeared as senior 38

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counsel in some 19 reported judgments of the High Court. 1 One of your specialties, as the Attorney mentioned, is 2 of course appeals relating to persistent sexual 3 exploitation of a child. On my very quick maths, since 4 2016 alone you have appeared as senior counsel of the 5 High Court on four occasions dealing with that very 6 offence. Indeed, you appeared before the High Court 7 just earlier this year on that very matter. 8 Having appeared as an advocate in the appellate 9 jurisdiction so extensively, I have no doubt your Honour 10 will fill the responsibility as Justices of the Court of 11 Appeal and the Supreme Court in an exemplary manner. 12 May it please the court. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38

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MR HOFFMANN: If the court pleases. I rise to welcome 1 on behalf of the South Australian Bar Association 2 your Honour's appointment and it is with great joy, I 3 must say, that members of the bar welcome your Honour to 4 the bench, not only for your Honour's breadth of 5 experience in the law but also your Honour's 6 contributions to the support and nurturing of members 7 both of the profession but in particular of the South 8 Australian Bar Association where your Honour has 9 attended many conferences and presented many papers and 10 given of your time, and we are very hopeful that on the 11 bench your Honour will continue to do so. 12 Your Honour had, as we have heard, an extraordinary 13 academic career obtaining first class Honours degrees in 14 Arts and Law. Your Honour obtained a PhD from Cambridge 15 University in 2000 and we have heard much of 16 your Honour's very extensive legal practice and matters 17 in which you have appeared, which I will come to; but 18 your Honour is also, unbeknownst to many, a person with 19 a number of other qualities - an artist, a thespian, a 20 singer, an after dinner raconteur and, it turns out, a 21 contortionist. Now, these are things that one doesn't 22 know until one starts to ask a few questions for these 23 sorts of speeches. So - an artist. Your Honour is 24 famous for a piece called Nyland on a Post-it note. It 25 turns out that Margaret Nyland is here as a guest and 26 her Honour, as she was I think at the time or a Royal 27 Commissioner perhaps, when this piece was written and 28 penned, was produced and secretly it was put in a 29 competition at the Crown Law Office, I understand, which 30 won a $200 prize. Your Honour is also as a thespian 31 well known as a spear carrier in drama productions in 32 your early days in theatre. Your Honour is also well 33 known as a raconteur, particularly after dinners, where 34 you recite a poem, something called McArthur I 35 understand. Your Honour is also a singer, and staff at 36 Hanson Chambers remember fondly and well your Honour's 37 renditions of Peter Allen songs, I Go To Rio in 38

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particular; and your Honour as a contortionist. 1 Apparently at Hanson Chambers there is a problem with 2 the lock on the lavatory and there is a window very high 3 and very small but somehow or other your Honour managed 4 to escape. 5 Your Honour had a breadth of practice at the Crown 6 Solicitor DPP as Crown Advocate and as 7 Solicitor-General. As we have heard, your Honour was a 8 member of Hanson Chambers from 2004 to 2014 and likewise 9 a member of the South Australian Bar Association in that 10 period of time. Your Honour's breadth of cases is quite 11 extraordinary and the record books are full of 12 your Honour's appearances and of the decisions in which 13 your Honour has appeared in this court both before 14 single Justices on appeal, in the Federal Court before 15 single Justices, and on appeal and in the High Court, as 16 we have heard, and the s.50 cases are those of 17 particular note, as has been made this morning. There 18 were also legislative amendments as a consequence of a 19 number of those cases. 20 Your Honour also appeared in the matter of Palmer v 21 Ayres, a matter concerning the Corporations Act and the 22 constitutionality of Part 5.9. Your Honour appeared in 23 Attorney-General for the State of South Australia v The 24 Corporation of the City of Adelaide concerning the 25 street church and by-laws that were outlawed there, 26 preaching in Rundle Mall. 27 Your Honour has been welcomed, as I understand it, 28 by your colleagues, and we have heard much of furniture. 29 I understand your Honour has introduced a new trend, or 30 possibly hopefully not a trend, of stand-up desks. 31 Yours goes to 3 metres I am told and I am sure the Chief 32 Justice was concerned the Courts Administration 33 Authority would need a new budget line but he went 34 around and saw Justice Livesey and saw that there wasn't 35 a problem. 36 Your Honour has, as I have said, contributed to the 37 bar very extensively and has given of your time at 38

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conferences repeatedly, for which we are very grateful, 1 and we truly hope that your Honour will continue to do 2 so because your contribution is greatly appreciated. 3 Without further ado, on behalf of the South 4 Australian Bar Association, I say welcome and 5 congratulations and best wishes for what will no doubt 6 be a distinguished career as a judicial officer. 7 If the court pleases. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38

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BLEBY J: Chief Justice, Attorney-General, Mr White 1 President of the Law Society of South Australia, 2 Mr Hoffmann QC president of the South Australian Bar 3 Association, and colleagues, ladies and gentlemen. 4 Thank you for your very kind words and thank you all 5 for doing me the great honour of attending today whether 6 in person or by AVL link. My preference was to postpone 7 any special sitting until it was possible to conduct the 8 traditional ritual of cramming the court beyond any 9 sensible capacity. Recent developments regrettably 10 suggest that while this may yet be possible for my 11 retirement, for now it's better to get on with it. 12 The senses of honour and responsibility that I have 13 felt on accepting this appointment sit next to the 14 gratitude I have for the opportunities given to me and 15 the people who have supported me throughout my personal 16 and professional lives. 17 Meg and I have been married for over 25 years and 18 have been together for nearly 30, since I was at 19 university. She is the love of my life. Our life is 20 truly a shared one. But so much of the benefit of that 21 sharing seems to be mine. She has supported me as a 22 student, solicitor, barrister, Solicitor-General and now 23 Judge. I have never wanted to take that for granted. I 24 know I have often fallen short. To live with and love a 25 barrister is burdensome. I have not provided her with 26 any exception to that. I owe her the life that I have 27 and love. She is wise, empathetic and fun. I thank her 28 for everything from the bottom of my heart. 29 Our three daughters, Laura, Emma and Charlotte, have 30 given us so much love, joy, frustration, laughter and 31 surprise over the years. They continue to teach me. 32 They are intelligent, thoughtful, curious and truly 33 decent human beings. Laura, a dedicated and skilled 34 dancer throughout her school years until injury 35 intervened, is presently writing her Honours thesis in 36 History. Emma, actor, artist and activist, is 37 navigating her first year of university in less than 38

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ideal conditions. Charlotte, musician, protestor and 1 wit, finds herself in year 12, again in difficult 2 conditions. I thank them for the love and wonder they 3 have given me. 4 My parents, David and Elizabeth, provided me with a 5 loving, stable and privileged childhood. Their 6 parenting and example set my ethical compass. They 7 provided me with an excellent education for which I am 8 enormously grateful even if I did not show it or even, 9 at the time, know it. I shared that privileged 10 childhood with my sister Diana, now a speech pathologist 11 in Adelaide, and my brother Michael, now a journalist in 12 Melbourne. Diana is here, Michael is locked down and 13 hopefully paying attention by Webex. Our continued 14 friendship and love is very important to me. 15 My schooling included a high school exchange to 16 Tokyo for a year. I was there welcomed into a family 17 who treated me as their own. Technology permitting, my 18 host parents, Jiro and Hisako Murofushi, are attending 19 today via Webex. 20 I did well enough at school but hardly shone. My 21 year 12 mark was insufficient to qualify me for any 22 Australian law school, I think, not that this concerned 23 me at the time. My Arts degree remains my most 24 important educational undertaking. I hit my straps 25 after a few years at uni, but not before I'd taken time 26 out of law school to do Honours in Arts, in Asian 27 Studies. That year taught me how to write and think 28 critically in a way that I had not before. 29 At law school I was inspired by a number of 30 teachers. I cannot name them all here. Emerita 31 Professor Kathy Mack taught me about cultural and 32 gendered assumptions that adhere in the law. The late 33 Professor Alex Castles gave me a love of legal history. 34 Professor Michael Detmold taught me to think 35 imaginatively about law. 36 My career has been a series of accidents, especially 37 for someone who aspired to be an academic rather than a 38

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practising lawyer. I had the great good fortune to be 1 associate to the late Honourable John Perry QC. From 2 there I went to the office of the DPP and half time to 3 the Policy and Research Office of the Attorney-General's 4 Department. Those offices welcomed me, a bewildered 5 young lawyer, warmly, and without further ado they 6 chucked me in it. I learnt so much from so many people 7 including Wendy Abraham QC now Justice Abraham of the 8 Federal Court, the late Rosemary Davey later 9 Judge Davey, Rebecca Gray, Phil Crowe, Paul Muscat now 10 Judge Muscat; the list goes on. In Policy and Research, 11 Margaret Doyle, Julie Selth and Matthew Goode showed me 12 great patience. 13 I started at the DPP on the same day as did Tim 14 Heffernan, now Judge Heffernan of the Federal Circuit 15 Court, and Lucy Boord. Two brilliant young lawyers, 16 Caroline Mealor and Adam Kimber, were already there. It 17 was a great privilege to renew our connections and 18 develop friendships with them when I returned to the 19 Attorney-General's Department as a senior lawyer many 20 years later. Caroline is now the Chief Executive of the 21 Department and Adam, now Judge Kimber, was the Director 22 of Public Prosecutions. I thank them both for the great 23 support they gave me first as Crown Advocate and then as 24 Solicitor-General. 25 However, in those early years my heart lay in 26 further study. I had a few short months in the 27 prosecuting group in the Crown Solicitor's Office under 28 the careful eye of Peter Wilson, later Magistrate 29 Wilson, and, among others, a young Martin Hinton, later 30 Solicitor-General, Justice of this court and now 31 Director of Public Prosecutions. But I was given the 32 opportunity to study for a PhD in Public International 33 Law at the University of Cambridge. I studied there 34 under Professor Vaughan Lowe QC, and Professor James 35 Crawford SC, now Justice Crawford of the International 36 Court of Justice. That was a privilege indeed. We also 37 made some life-long friends there. 38

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Meg and I thought about staying on but with Laura 1 being born in Cambridge and Emma on her way, it was time 2 to return home. However, Australian universities were 3 not hiring. With nearly two children, finding a job was 4 critical. I wrote to the Crown. Mark Johns hired me 5 and so began what I regard as golden years in the 6 Advising section of the Crown Solicitor's Office, being 7 educated thoroughly in public law by Mark Johns, later 8 the State Coroner, and Greg Parker, now Justice Parker. 9 I was 30 and finally decided to make a career of 10 practising law. Again, opportunities flowed. I found 11 myself junioring the then Solicitor-General, the late 12 Brad Selway QC, later Justice Selway, in the High Court 13 of Australia only 10 weeks into my new job. As you have 14 heard, Brad did me the terrifying favour of leaving me 15 on my own at the bar table on the second day, not having 16 made submissions. He was succeeded by Chris Kourakis QC 17 (later SC) now the Chief Justice. It was an equal 18 privilege to junior him. 19 Court is addictive. When a vacancy arose in Hanson 20 Chambers, I had the temerity to apply. Imagine joining 21 chambers whose other members were Jonathan Wells QC, 22 Dick Whitington QC, Richard White QC, now Justice White 23 of the Federal Court, Tim Stanley, soon to be QC, now 24 Justice Stanley, and Kevin Nicholson, also soon to be 25 QC, now Justice Nicholson. As appointments were made, 26 others joined and over time I was privileged to have as 27 my chamber colleagues Michael Evans QC, now Chief Judge 28 Evans of the District Court, Julie von Doussa, Ben 29 Doyle, Steve McDonald, Tom Cox QC and Darren Blight QC. 30 Hanson Chambers was very much a family. It was a 31 wonderful place to work. That was in great part due to 32 the two chamber clerks, Jill Barnes and Margaret McPhee. 33 I cannot thank them enough for all the help, support and 34 friendship they gave me over the years. 35 I thank the members of the bar for the collegiality 36 and the support of many years. I thank the solicitors 37 who briefed me, not only for the work but for all that I 38

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learned from them. 1 I was attracted to the position of Crown Advocate 2 which was established to lead the Crown Counsel section 3 in the CSO and to take on important advocacy work for 4 the State. It was all that but just as I was appointed 5 the State Government announced the Royal Commission into 6 Child Protection Systems. I took on the role as senior 7 counsel for the State in the case studies that were held 8 over some 18 months. It was important work. Artistic 9 distractions aside, I did not enjoy it. I discovered 10 after the event what had already become apparent to 11 some - that it had affected my mental health adversely. 12 I am grateful for the help that I did finally seek out 13 and receive but, more than anything, for the strength of 14 my family, none more than Meg. 15 The Crown Counsel section, however, was lively and 16 collegiate. It is a source of great pride to me that 17 four members of that section from my time, two of them 18 women, are now thriving at the independent bar. The 19 section, currently led by Todd Golding, continues to do 20 the Crown proud. 21 I truly loved the role of Solicitor-General. The 22 Crown Solicitor's Office and the Office of Director of 23 Public Prosecutions gave me great support. To appear 24 regularly in the High Court of Australia was an 25 extraordinary privilege. Attorney, I thank you and your 26 predecessor, Mr Rau SC, for the trust that you reposed 27 in me. I was welcomed by the other Solicitors-General 28 and I thank them for their collegiality and friendship. 29 I am honoured by the attendance today of Peter 30 Dunning QC, the former Solicitor-General of Queensland. 31 In chambers, my Executive Assistant, Sophia Shiers, 32 and my Counsel Assisting, Fiona McDonald, provided 33 magnificent support, much laughter and great friendship. 34 When they coincidentally both took a year out to pursue 35 other endeavours, I was joined by Eloise Crompton as 36 Counsel Assisting and Lesley Jayasuriya as my Executive 37 Assistant. That year also was highly productive, great 38

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fun and went all too quickly. 1 This long list of thanks is also a recognition of 2 the opportunities I have had. I have worked hard, 3 certainly. But I was born into a stable, happy family. 4 I am a white, cisgendered, privileged male with no 5 disability. I have been at home in the presence of 6 senior lawyers all my life. I have a name that is well 7 recognised in the law, thanks to the achievements of my 8 father, a highly respected QC and a former Justice of 9 this court, and his uncle, the late Gordon Bleby, who 10 was President of the Industrial Court. I have accepted 11 this position, Attorney, confident that I am up to the 12 task. However, both the bar and bench will only reach 13 their full potential when the opportunities of the kind 14 that I have received from the circumstances of my birth 15 onwards do not single out the beneficiary for 16 advancement. 17 To this end, the bench, bar and profession more 18 broadly have a great responsibility to further 19 opportunities for junior lawyers and aspirants to the 20 profession from all backgrounds. This might be by 21 providing work experience, mentoring, or facilitating 22 junior briefs. The responsibility requires clear 23 affirmative action policies. 24 The responsibilities go further. Judges and senior 25 barristers hold extraordinary power. That power exists 26 for the benefit of the community. Recent events give 27 yet another reminder of how easily it is abused. Judges 28 have an especial responsibility to those vulnerable to 29 the power imbalance to instil confidence that they will 30 give respect as they demand it be given. There is much 31 more to this than the frankly low bar of refraining from 32 bullying and sexual harassment. 33 It is a great responsibility to be appointed to a 34 key institution within the Australian federal system, 35 the existence of the State Supreme Courts have been 36 guaranteed by the Australian Constitution. The 37 importance of federalism and the responsibilities of the 38

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States in serving community interests in Australia have 1 been on full display during the COVID-19 crisis. It is 2 a fundamental function of the law and its institutions 3 to identify and serve community interests. The courts 4 do not simply articulate and enforce individual rights 5 and obligations, important as they are. 6 The 1948 Universal Declaration of Human Rights, not 7 a binding legal instrument but still a highly 8 influential declaration and, as I understand it, the 9 weapon of choice of Bunnings, states in Article 1: 10 'All human beings are born free and equal in dignity and 11 rights. They are endowed with reason and conscience and 12 should act towards one another in a spirit of 13 brotherhood.' 14 Let us substitute the antiquated and loaded term 15 'brotherhood' with 'community'. Our legal institutions 16 are integral to pursuing this end. That pursuit is only 17 ever a process, never finished. But this describes the 18 attitude I bring, however imperfectly, to this 19 appointment. 20 I do so knowing I have much to learn. Chaucer's 21 frustrations with love could as easily describe a life 22 in law: 23 'The life so short, the craft so long to learn, 24 The attempt so hard, the victory so keen, 25 The fearful joy, so arduous to earn, 26 So quick to fade - by all these things I mean 27 Love, for his wonders in this worldly scene 28 Confound me so that when I think of him 29 I scarcely know whether I sink or swim.' 30 I am buoyed, however, by the warm welcome the Court 31 gave me on my appointment and by everyone being here 32 today. Thank you all so much for coming. 33 ADJOURNED 10.17 A.M. 34 35 36 37 38

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