FEATURE LAW SOCIETY NT Ceremonial Sitting for the Honourable Chief Justice Michael Grant

The welcoming ceremonial sitting Solicitor-General Sonia Brownhill, ACT, Mr Garrison; Solicitor-General occurred on Friday 8 July 2016 at the Benjamin O’Loughlin and Tass Liveris. for the Queensland, Mr Dunning; Supreme Court Darwin and presiding Solicitor-General for Tasmania, Mr judges during the ceremony included HIS HONOUR, SOUTHWOOD J: Farrell; Solicitor-General for the the Hon Chief Justice Michael Grant, Your Honour, the Administrator of Victoria, Mr Nile; the President of the the Hon Justice Stephen Southwood, the Northern Territory, Mr John Hardy Bar Association of South Australia, Mr the Hon Justice Judith Kelly, the Hon and Mrs Hardy; Chief Justice of the Andrew Harris; members of the Bar Justice Jenny Blokland, the Hon Justice High Court of Australia, Chief Justice and of the legal profession; ladies and Graham Hiley, the Hon Justice John French; fellow judges of the court; gentlemen, a warm welcome to all Reeves and the Hon Justice former Chief Justices of the Court, of you on this happy occasion when Trevor Riley. Asche and Martin; former judges of we formally welcome Grant CJ as the the court, Angel and Thomas; judges seventh Chief Justice of the Supreme Also in attendance, the Hon Chief of the Local Court; Solicitor-General Court of the Northern Territory. Justice Robert French AC QC, the Hon Brownhill who is representing the Austin Asche AC QC, the Hon Brian Attorney-General; the Speaker of His Honour, Grant CJ’s appointment F Martin AO MBE QC, the Hon David the Legislative Assembly, Ms Kezia has been received with much Angel QC and the Hon Sally Purick; Shadow Attorney-General, Ms enthusiasm and warmth by all of the Thomas AC. Lynne Walker; the President of the judges of the Supreme Court. As his Northern Territory Bar Association, Honour is home-grown, we are all very The following speeches, taken from Mr Ben O’Loughlin; President of the proud of his appointment. A number court transcript, were delivered by Law Society Northern Territory, Mr of us on the court claim to have had a the Hon Justice Stephen Southwood, Tass Liveris; Solicitor-General for the hand in his progress. It makes us seem rather old, but three of us lectured Grant CJ while he was at university.

Riley J and I lectured him in civil procedure and Grant CJ went onto write the loose-leaf service on civil procedure for the Northern Territory. Blokland J lectured him in evidence and, she believes, international law. Her Honour is confident, as evidence is everything in the criminal jurisdiction, that the Chief Justice is extremely well-qualified to sit in that jurisdiction. Also, Grant CJ has had the benefit of being my junior counsel on one or two occasions when I was BALANCE SEPTEMBER 2016

at the Bar, and Hiley J’s instructing second. I hope that, too, Darwin where your Honour attended solicitor. Otherwise, he is unspoiled. will change. primary school and your Honour attended Saint Joseph’s College in While we have been on the court, we That has now happened. On behalf of Sydney for your secondary schooling, have all had the opportunity to see the members of the court, I warmly returning to the Territory his Honour become an outstanding welcome your Honour as the seventh during holidays. advocate. As his Honour was born in Chief Justice and we wish you well for the Northern Territory, he has a deep the future. After completing year 12, your understanding and appreciation of Honour spent some time travelling the history and the people of the SOLICITOR-GENERAL BROWNHILL: and working and, at the end of Northern Territory and their great May it please the court. I 1985, took a job as a clerk in the diversity, which is one of the best acknowledge the Larrakia peoples as then Department of Law. Shortly features of the Northern Territory. His the traditional owners of this land. thereafter, the University of Honour has all of the qualities to be On behalf of the Attorney-General, Queensland joined with the University an outstanding Chief Justice. I congratulate your Honour, the College of the Northern Territory to Chief Justice, on your appointment offer a Bachelor of Laws degree. Your In the last paragraph of his book on as the Chief Justice of the Supreme Honour enrolled, being one of the the history of the Supreme Court Court of the Northern Territory. first batch of students to study law in of the Northern Territory, the The Attorney deeply regrets that the Northern Territory. Honourable Dean Mildren QC, who his ministerial responsibilities have was then a judge of the Supreme rendered him unavailable to attend Your Honour combined full-time work Court, wrote: and speak himself on this occasion. I at the Department with full-time have also been asked to convey the study and your Honour ultimately Finally, it may be surprising to regret of the Attorney-General for the completed your degree with first- realise that, although the court Commonwealth that he is unable to class Honours in 1991; thanks, no has been in existence for a century, be here. doubt, to the assistance of their and there were judges of the Honours who lectured your Honour in Northern Territory for twenty-five By this appointment, as your Honour, the subjects referred to. During that years before that, there has never Southwood J recognised, your Honour period, your Honour’s studies were been a Territory-born judge. The continues an ongoing theme in your placed on hold for an eight-month closest we have come in having two Honour’s professional life, becoming secondment to the law firm, Freehills, judges who has spent some of their the first Territory-born appointed in Sydney, which had been engaged by childhood in the Territory and one as a judge of this Court, and also, the Northern Territory Government judge whose mother was born in obviously, the first Territory-born to act in defending a very large claim Darwin. Not that long ago, the first Chief Justice. Your Honour was born in the Federal Court. Territory-born barrister took Silk at the old Darwin Hospital and spent and we are still waiting for the the first five years of your life in Pine Your Honour’s first daughter, Creek. Your Honour then returned to Courtney, was born while you → 13 FEATURE LAW SOCIETY NT Ceremonial Sitting for the Honourable Chief Justice Michael Grant

and your wife, Marita, were living constitutionally valid. In 1997–98, In 2007, your Honour was appointed in Sydney and Freehills were so your Honour was also instructor for as the Solicitor-General for the impressed with your Honour’s the Territory in Wynbyne v Marshall Northern Territory; and so, became potential that they offered you a job. in the Court of Appeal and the High the first-born, Territory-born Luckily for the Territory, your Honour Court special leave application, Solicitor General. Your Honour’s and Marita decided that Darwin was a involving a constitutional challenge first appearance before the Full better place than Sydney for bringing to the Territory’s mandatory Bench of the High Court in that up kids. sentencing legislation. These role was in Gypsy Jokers Motorcycle were seminal decisions about the Club v Commissioner of Police. The With your degree completed, Territory’s capacity to make laws in case concerned a cable challenge to your Honour remained with the the exercise of the powers conferred Western Australian law, permitting Department and the Solicitor for by the Northern Territory (Self the Police Commissioner to put the Northern Territory and took the Government) Act. before the Court confidential roles of article clerk, then solicitor, information which would not be and then, solicitor-advocate. In each In 1998, your Honour was appointed disclosed to any other party. of those roles, your Honour excelled. as the Director of Litigation in the Your Honour also lectured at Charles Attorney General’s Department. Your Your Honour’s greatest challenge in Darwin University in torts, taxation Honour was called to the Bar in 1999 the case was deciding what to say as law, and advanced taxation law, and and joined William Forster Chambers. the most junior, and, therefore, last was a special tutor for Indigenous Your Honour’s stellar skills and heard, Solicitor-General amongst the students undertaking legal studies. reputation as an advocate ensured six S-G’s intervening in the matter. that from the outset, your Honour Last did not mean least, as your On the home-front, your Honour had a successful and ridiculously Honour was engaged in somewhat and Marita had two more daughters, busy practice, where back-to-back rigorous debate by Kirby and Kiefal Jamie and Hannah, and your Honour’s trials and working all hours were JJ’s; but your Honour’s performance gender minority status in the family commonplace. clearly confirmed your Honour as was not overcome by acquiring a the perfect choice for the Solicitor- male dog; he was a Labradoodle. That reputation only grew as your General position. That status is evidenced today by the Honour practiced in a broad range of presence in court of not only your civil matters; notably, constitutional In the role over the past nine years, mum and your wife and your three law, property law, administrative law, your Honour has represented and daughters, but also your four nieces. medical and professional negligence, advised six different Attorneys- Your brother, Tony, is present as well. and personal injuries. In 2006, your General, the Cabinet Office, the The support of your family has, no Honour took Silk and became the first Legislative Assembly, ministers and doubt, been fundamental in your Territory-born Queen’s Counsel. Your other members, and all manner of Honour’s professional achievements. Honour also has the distinction of statutory office-holders, departments being the last Territory appointment and agencies. Of the past four years, In 1996, your Honour acted as as Queen’s Counsel, appointed by the Attorney-General wished me instructing solicitor for the Territory the Administrator. Silks, thereafter, to convey his great appreciation in Wake and Gondarra v Northern were and are, of course, appointed for your Honour’s advice to him Territory in the Court of Appeal as Senior Counsel in the Northern which he likened to a beacon in the and the High Court special leave Territory by the Chief Justice of this dark, lighting a path so as to avoid application where the Territory’s Court; a function now part of your the shoals and reefs that had to be euthanasia law; the Rights of the Honour’s domain. navigated in his role as Attorney. He Terminally Ill Act, was held to be also said that to call your Honour’s BALANCE SEPTEMBER 2016

knowledge of the law encyclopaedic and its predecessor; Chairperson of wig, your Honour, Southwood J, said would be to overstate the merit of the Police Disciplinary Appeal Board; words to the effect: ‘Just so, Mr Grant’, encyclopaedias. and a member of the NT Bar Council. as counsel must adopt whatever form And now your Honour is appointed of dress is adopted by the Bench. Your In 2009, your Honour appeared for as the Chief Justice of this court. The Honour, the Chief Justice, replied: the Attorney-General, intervening appointment has received nothing “Well, it’s lucky that your Honour is in the High Court matter of but acclaim amongst the legal wearing pants.” However your Honour, Wurridjal v Commonwealth. Your profession, and approval and pride the Chief Justice, might respond to Honour successfully argued, over amongst the general community as the debate about wigs, I am confident submissions to the contrary by such a crucial role is filled by a you will not have to resolve any the Commonwealth, that the true local. proposal to do away with pants constitutional guarantee of just in court. terms in s. 51(31) applies to There is overwhelming confidence acquisitions of property from persons that your Honour will discharge On a personal note, it has been my in the Northern Territory affected by your new functions in the same privilege to act as your Honour’s laws passed by the Commonwealth, outstanding manner and refined style junior from time-to-time over the pursuant to the Territory’s power in s. with which you have performed all past nine years. Like many others 122 of the Constitution. The decision of your professional roles to date. amongst the legal profession, many overturned High Court authority Expectations of what you will achieve things I know about the practice of from 1969 and took a decisive step in this role are very high. Your Honour law I learnt from you. I am grateful along the path towards integrating s. is expected to tackle all manner of for your Honour’s forbearance, 122 territories, such as the Northern things. One which has been recently generosity and leadership. Your Territory, within the freedoms and suggested is the question whether Honour has led the Bar and the guarantees arising under the other counsel should continue to wear broader profession for many years. It provisions of the Constitution. It wigs in criminal jurisdiction. I am is only proper that your Honour now is an important instalment in the not advocating a particular view; lead the Territory’s highest court as Territory’s legal and Constitutional but the abandonment would avoid its Chief Justice. May it please development. the situation which arose when your the court. Honour, the Chief Justice, appeared Your Honour has held many other before your Honour, Southwood J, in a MR O’LOUGHLIN: I rise to address appointments in the course of your matter which was arguably a criminal the court on behalf of the barristers legal career, including member of the matter with a civil flavour, or in this jurisdiction. It is a pleasure Legal Practitioners Admission Board; vice versa. to speak for the Bar today as your Statutory Supervisor of the NT legal Honour’s appointment has been profession; member of the Australian Your Honour, the Chief Justice, was universally welcomed. Donna Dreier, Rugby Union National Judicial at the Bar table, bewigged, but your the long-ago head of litigation at the Committee; member of the NT Rugby Honour, Southwood J, came onto the Department of Law, would be proud Union Judiciary; President of the bench, wigless. As your Honour, the that one of her article clerks has been Health Professional Review Tribunal Chief Justice, properly removed your appointed to the position of Chief → 15 FEATURE LAW SOCIETY NT Ceremonial Sitting for the Honourable Chief Justice Michael Grant

Justice of the Supreme Court of the courteous with opponents, but quite settlement negotiations. It was an Northern Territory. She had many often, willing to inject humour into an imagined offence; but, from then on, star candidates back in the early otherwise dry atmosphere. access to the diary was restricted. 1990s; but if she had been asked to guess who of them would reach this When a solicitor announces that Ten years is considered a reasonable position, she would need only they are making the leap of faith to time before counsel with special one guess. join the Bar, the first reaction from abilities applied for Silk. But, by 2006, practitioners is often: ‘Interesting; I the pressure was building. Some Even before your Honour joined the wonder how he or she will go’. When of that pressure came from fellow Bar, your Honour had a reputation as your Honour stated this intention juniors who wanted to push you, your a solicitor advocate with considerable in 1999, the reaction was more like: Honour, up and out of their market. skills. Your Honour’s knowledge of ‘How far will he go?’ On joining the In 2006, all practitioners would have the law, both in breadth and depth, Bar, your Honour was immediately agreed that a claim to be considered was impressive then and has only swamped with work and there are for Silk had clearly been established. increased over time. Your Honour probably a number of solicitors here, But, in a moment of what was not also has an important, but sometimes right now; thinking: ‘I gave him his false modesty, your Honour paused overlooked skill; good judgement, first brief’. Your Honour accepted in Chambers, literally surrounded by knowing when to run a matter or briefs from plaintiffs, defendants, work, and said to a colleague: “But argument, and knowing when not to. insurers and workers in jurisdictions assuming I was appointed, what if including the Local Court, Work they stop briefing me?” That friend Your Honour has a formidable Health Court, Coroner’s Court and this and colleague, possibly with an eye memory that appeared to store Supreme Court. on those briefs, said: “No, no; you’ll hundreds of facts in a particular be fine.” proceeding that could be retrieved In the era before electronic diaries, at will. This was coupled with an your Honour once complained that Your Honour was not convinced enviable long-term memory where Chambers’ colleagues might be by this and it was not until the complex legal principles, seemingly noticing in the Chambers paper diary last afternoon of the due date for learnt once, catalogued, can be later when your Honour had been double- applications when a judge paid a visit deployed as needed. And, on top booked; and then seeking to use that and said, using direct language: ‘Get of that, your Honour was not only information to their advantage in your application in.’ The appointment BALANCE SEPTEMBER 2016 of Queen’s Counsel surprised no one best. Although there was some the width of your Honour’s glasses. and the work kept coming and some disagreement about the robes, there It might just mean you are adjusting of those briefs included special leave was general consensus about one your glasses; but sometimes, some application and appeals to the High thing: your Honour’s wig was suspect, it means: ‘I'm tired of Court. Although counsel are treated the best. looking at you’. Another trait should courteously in the High Court, and definitely worry counsel. If your even more so over the last few Although your Honour’s career in Honour is disapproving of a point, years, it can still be, rightly, the most the law shows a person of substance, the speaker will sometimes hear a stressful and demanding this doesn’t stop your Honour from faint, low-pitch grumble; think Marge of jurisdictions. obsessing about form, and by that, Simpson, but deeper. If counsel hears I mean fashion. Shirts and shoes are this sound, it will mean: ‘I'm tired of Your Honour has appeared in the purchased and posted from London hearing this point; please move on’. High Court on more than twenty and in a jurisdiction where male times in your capacity of Queen’s lawyers might have one suit, usually I will finish, your Honour, and on a Counsel at the private Bar and as only used for proceedings interstate, more serious note, may I add. We, Solicitor-General. Your Honour’s sometimes referred to a suit case, the Bar, are sure your Honour has all exceptional skills were evident, your Honour has a multitude of suits. the traits, the well-known traits that even at this highest level, and when Your Honour’s taste for different make a good judge: knowledge of the appearing against some of the most styles and colours of suits is known law; sound judgement; courtesy; and talented counsel in the country. by many and appreciated by some. industry. The necessary attributes The cream suit, in particular, has of a Chief Justice are less known and On one occasion in 2012, your inspired a wish by one practitioner rarely discussed. But, in a recent Honour had to overcome a that your Honour will one day don set of unfortunate circumstances profound personal conflict by that cream suit and in your voice, in another jurisdiction, a learned joining other Solicitors-General in or impersonating Gregory Peck, commentator said this: successfully resisting the challenge recite the closing address made by by big tobacco companies in the Atticus Finch in the novel, To Kill a The Chief Justice is the leader Commonwealth’s plain packaging Mockingbird. of one of the three branches of legislation. The scene in Court 1 of government; a branch which keeps the High Court was impressive. Two There is a draft practice direction a check upon the Legislature and Bar tables stretched the width of the four of 2016 being circulated which the Executive which may have to court room. They were populated we think is in jest; but, given how decide controversies between with a range of the country’s seriously your Honour takes fashion, a citizen and the Executive foremost Silks and most over-worked we are not sure. It reads: government. There can, in the juniors. The public galleries were nature of things, only be less packed with interest onlookers and Henceforth, the standard of than a handful of truly qualified bewildered children on school trips. dress for male barristers in candidates for the position of interlocutory applications is to be leader of one of the three arms of As was the convention in the High as follows: Charcoal, three-piece government. Court, counsel were robed according suit with chalk stripe; pocket to requirements of their respected square complimenting the tie; tie He added: jurisdictions. Some wore wigs, but restrained by tie bar no wider than The position of Chief Justice those from the Northern Territory the tie; shirts with French cuff; requires a lawyer of long did not. Following an adjournment socks matching the tone of the experience at the peak of the and just before the judges returned, trousers; and – perhaps this is to profession who commands the the usually stern Court Cryer answer your critics who say you are general respect of his or her approached your Honour. Unusually, insufficiently progressive – peers, and of the wider profession, he was giggling. He then related a brown shoes. and, very importantly, who has conversation he had had with some the respect of the judges of the inquisitive members of the public in Counsel would be wise to take note Supreme Court, itself. Very few the gallery regarding the differences of this interest of your Honour and men or women could claim to have of the costumes of the various there are a couple of gestures which any of these qualities, let alone, all counsel. He said that they generally should also be noted by counsel. One of them. discussed whose outfits looked gesture is spanning the hand over → 17 FEATURE LAW SOCIETY NT Ceremonial Sitting for the Honourable Chief Justice Michael Grant

These are high standards, indeed, and your Honour’s advice was that she that submission and have, therefore, with your Honour’s appointment as should stop briefing you in losers. been the Statutory Supervisor Chief Justice of the Supreme Court Your Honour was five years off taking ever since. of the Northern Territory, they have Silk at the time and your opponent been more than met. May it please was interstate Senior Counsel. In One of the important duties that is the court. your characteristic way, your Honour not written into the legislation, but worked a difficult argument with one which your Honour has carried MR LIVERIS: May it please the court. strategy and effect, and went on to out for the Law Society during times I acknowledge that Larrakia people persuade the court to find in of need, is Chairman of selectors of as the traditional owners of the land your favour. the President’s XI cricket team in on which this court sits. I pay my the annual turf warfare against the respects to elders, past and present, Your Honour has had an important Chief Justice’s XI . This role further and to emerging community leaders. relationship with the Law Society and showcased your Honour as a tactician I thank your Honour for the time and and a strategist, not to mention your The legal profession of the Northern expertise that you have given the Law considerable competitive streak. Your Territory is extremely proud to Society in various capacities. Your Honour has been such an integral welcome your Honour, Grant CJ, as Honour was the NT Bar Association part of the profession’s pursuit of the senior judge of this honourable representative on the Council in the silverware over the years it is court. Your Honour is one of our 2002; and, since 2007, your Honour difficult and a bit painful to think of finest and is well-known for your work has been the Statutory Supervisor your Honour now leading the charge ethic, your intellectual acumen and of the legal profession under the for the old rival. The President’s XI your command of the court room. Legal Profession Act. The office of will miss your Honour; although, Your Honour is also one of our own the Statutory Supervisor was only with bragging rights at stake, I don’t and your appointment continues established in 2007. expect there to be much room for the wonderful trend of local lawyers sentimentality, come Law Week being appointed to judicial office. The purpose was to transfer the next year. responsibility to monitor and review A former Law Society president, the certain actions of the Law Society, Your Honour is well-published. As late, great, Ian Morris, had a nickname away from the Attorney-General Southwood J said earlier, for many for everyone and he affectionately and to the Statutory Supervisor. years, your Honour has been the referred to your Honour as ‘the Pope’ This was a fundamental shift in legal general editor of Grant on Civil or ‘Il Papa’ because he reckoned it profession regulation and in the Procedure. That loose-leaf publication was more difficult to get an audience early discussions about the proposed is a comprehensive commentary on with your Honour than it was with reforms the profession was concerned the rules and procedures that apply the Holy Father, himself. He was right about who the Statutory Supervisor in the Local Court and the Supreme about that, but it could equally have should be. An eminent member of Court. It is a much valued resource for been because of your Honour’s kind the independent Bar came up with Territory lawyers and we thank you of papal infallibility or your apparent the idea that the Legal Profession Act for your contribution to it. power to call upon divine intervention should appoint the Solicitor-General from time-to-time. as the Statutory Supervisor. I am Your Honour has an earlier and lesser not sure whether it was a carefully known publication Grant on Apologies. Another former Law Society president planned coincidence or whether it It was published by William Forster and one of your Honour’s regular was divine intervention, but your Chambers as a bit of a satirical tribute instructors, Peggy Chong, talks about Honour became the Solicitor-General to the times that your Honour was a Supreme Court case in 2001, where not long after you successfully made briefed to issue a mea culpa or two BALANCE SEPTEMBER 2016 in this court for high-profile clients. calling to tell you that I'm going to be honour you do me by your attendance The catchy title is printed in gold on announced as the new Chief Justice here today and by the warmth of the black hardcover, but the book this afternoon.” your welcome. Although I know it is is notorious because the pages are tradition on these occasions, I am completely blank. It was published in As soon as that announcement was dreadfully embarrassed by the over- a limited release of two and the only made, there was popular acclaim exaggeration of my qualities and copy that can be accounted for sits within the legal profession because the welcome speeches, and the very on a bookshelf in Chambers. Recently, your Honour has all of the high diplomatic omission of any mention one of your Honour’s regular juniors qualities that are required as the head of my failings. stumbled across the book and, as of jurisdiction and you take office they curiously flicked through the with the support and confidence of Madam Solicitor, we have had a long clean, empty pages was overheard the legal profession. The historical and close working relationship and to exclaim: “That’d be right. Grant significance of your Honour’s I am extremely gratified that you doesn’t apologise for anything.” I will achievements as a law student, a have been able to address the court move on. practitioner, Queen’s Counsel, and on this occasion in your new role as now, Chief Justice, are to Solicitor-General. Your appointment In 2014, your Honour was a member be celebrated. is a tribute to you personally, and a of the panel of three that was boon to the office. commissioned by the government to In a broad sense, the chapters of your conduct a review of the processes for Honour’s career signify important Mr O’Loughlin, I am grateful for the appointment of judicial officers in steps in the maturing of the legal your kind words. You have been a the Northern Territory. The review has profession and the courts in the close associate since I moved from significant consequences, including Northern Territory as they each Crown practice to the private Bar the adoption of a protocol for the become increasingly reflective of the some eighteen years ago now. You appointment of judicial officers. The community they serve. On behalf of welcomed me to William Forster protocol is underpinned by concepts the legal profession of the Northern Chambers and helped make my time of openness and transparency and Territory, it is my great pleasure to there a very enjoyable experience the legal profession acknowledges welcome your Honour as our Chief from the outset, as you have done for your Honour’s involvement in that Justice and to wish you well in your so many others since. I am also so very landmark review and the long-term, years of service ahead. May it please pleased that you have been able to positive legacy that the protocol will the court. deploy my personal idiosyncrasies have on enhancing public confidence in the judiciary. Again, I am not sure HIS HONOUR, GRANT CJ: Your for their comedic value here today. I whether it was a careful, planned Honour, the Administrator, ladies will make sure I thank you much more coincidence or whether it was and gentlemen, I thank you for the robustly outside. divine intervention; but as it have turned out, your Honour is the first appointment to this court to be made under the very protocol that you were responsible for drafting.

Your Honour is a fashionista and has a penchant for online shopping. In early April, your Honour called me while I happened to be on leave interstate. I told your Honour that I was at David Jones, but I could find a private place to talk. Before I could do so, your Honour started asking me about the suits: What are the colours and styles? What are the latest trends? Are pinstripes in? And as I was rifling through the racks, talking to your Honour, you eventually got to saying to me: “Oh, and by the way, I'm → 19 FEATURE LAW SOCIETY NT Ceremonial Sitting for the Honourable Chief Justice Michael Grant

Mr Liveris, your appearance register my complete agreement here today also gives me much with the former Chief Justice’s satisfaction. I have known you since public comments concerning the you were a young law student and importance of adequate legal aid today, you not only represent the funding for the proper administration profession, but you also reflect of justice; the need for courts to be the very significant and positive able to sentence offenders, having contribution the Greek ex patriot regard to all relevant considerations, community has made to the Northern including matter of traditional Territory, particularly in the Top End. law and practice; the propensity of mandatory sentencing regimes In this role, I follow a Chief Justice to produce unjust results; and the who has given great service over manner in which alcohol abuse feeds many years to the Northern Territory tragically and catastrophically into and not just on this court. Riley J was offending in the Territory community. sworn in as an additional judge of There is not a cigarette paper this court this morning and we are between us on those issues. pleased that service will continue. That I am following Riley J into this I am also honoured by the presence role is broadly representative of our here today of the former Chief professional relationship over Justices, Austin Asche AC QC and the years. Brian Frank Martin AO MBE QC, and former Justices, David Angel QC and I started working at the then-Crown Sally Thomas AC. I am particularly Solicitor’s office at about the same honoured by the presence here today time Riley J left practice as a solicitor of the Chief Justice of Australia, the and went to the private Bar. I then Honourable Robert French AC. French joined the private Bar on the very CJ has been a tireless supporter of same day that Riley J left to take State and Territory court systems appointment to this court. And then, and legal professional associations on Monday this week, Riley J’s term throughout Australia. Throughout as Chief Justice concluded as mine his term, he has been just as likely commenced. We have had a very found addressing the annual dinner at productive and convivial relationship the Albury-Wodonga Law Society, as throughout that time but I still found walking the corridors of power have the nagging feeling that he in Canberra. He has been the very structured his entire career in order model of a national Chief Justice. to avoid working in the same place as me. During a trip here some years ago to address the Bar Association, Whatever his career motivations may French CJ also displayed a rather have been, Riley CJ has left behind a esoteric knowledge of the robust strong, happy and united court and dealings in the early days of the that is a legacy that I will strive to Northern Territory legal profession. continue. In terms of legacy, I also He reminded us in very amusing BALANCE SEPTEMBER 2016 terms that in the 1920s Ross Mellon then. Of course, the most significant you are arrested and prosecuted for distinguished himself as probably the development was the grant of something that you did not do. only practitioner in Australian legal self-government in 1978, and on history to be suspended from practice that grant, the Territory became Allied to the essential role and for misconduct and then appointed a separate body politic and took character of the judiciary is the as a judge of the Supreme Court its place alongside the states. Just structural, constitutional, historical shortly thereafter. He also reminded as in the commonwealth and state and political process by which us that in 1926 another practitioner context, the Territory enjoys strong appointments to the judiciary fall to called Bateman set the formidable parliamentary executive and judicial be made by the Executive; by with record of being struck off within four institutions and the people of the the Executive is responsible to the days of his admission. But the Chief Territory should take pride in their Parliament for those matters; and by Justice was kind enough to observe institutions. As many before me which the Parliament is ultimately in conclusion that things seemed to have observed, courts and judicial responsible to the people. The have improved a bit since then. independence exist to serve the success of that model is reflected people, not the other way around. in the aptitude and learning of the It is true that following its separation They protect and promote the system women and men who sit with me on from South Australia in 1911, of values to which we subscribe as a the Bench today. the Territory community quickly community and we have been well- demonstrated its unique character. served in that respect by our judiciary. I have worked with all my fellow In December 1918, the Administrator judges in various capacities over was chased out of town for refusing The transition from feudalism many years and, on the basis of those to unload the Christmas beer ration. to liberal democracy released dealings, I have the utmost respect As a good friend of mine who knows us from despotism and one of for them and a clear certainty of their more than anybody should told me the fundamental planks of that dedication to the task and of their the other day, it had been the only evolution was the development of continuing ability to serve the people peacetime civil rebellion in Australia’s an independent judiciary to stand of the Territory well. The capacities in history as a nation. between the citizen and what would which I have worked with my fellow otherwise be the untrammelled judges have included instructing After that, the leader of the rebellion power of the state. As has been them as barristers when I was a was briefly gaoled for refusing to observed before, nobody can truly solicitor; junioring them as Silks when pay taxes, and then almost died of appreciate just how important an I was a barrister; appearing before dehydration, attempting to ride his independent judiciary is until the them as they constituted various motorcycle from Darwin to Adelaide. Tax Commissioner comes after you, courts and tribunals in the Territory Keen to reward such rare talent, the claiming you owe $100 000 when system; and on some occasions, people of the Territory elected him you do not think you do, or until advising and acting for them as as the inaugural member from the Northern Territory in the Australian House of Representatives. Rather intriguingly, his name was H.G. Nelson. That was the Territory into which I was born.

My earliest memories are of life in Pine Creek with its eclectic mix of Aboriginal, Chinese and European inhabitants. It was the place in which Xavier Herbert worked as a fettler in the1920s, and later described so colourfully in his novel, Capricornia. I always felt comfortable in and part of this community, and I remain so today.

The Territory and its institutions have developed at some pace since → 21 FEATURE LAW SOCIETY NT Ceremonial Sitting for the Honourable Chief Justice Michael Grant

clients in professional roles. In all of Of course, the tools available to the As is apparent from the speeches those relationships, it struck me, as I judiciary to address those matters are delivered earlier today, my path thought the other day, the dynamic extremely blunt in nature. As a newly to this point has been somewhat has been one of them telling me what appointed judge, I will not presume to circuitous and there have been a to do, and if the last three days are speak yet on matters in which those number of significant influences anything to go by, it appears that is a who precede me have had far greater along that road. My time at boarding dynamic which will experience. I would observe, however, school in Sydney was probably thankfully continue. that the Territory courts have been instrumental. It exposed me to a more in the vanguard of ensuring such cosmopolitan life than Pine Creek, Barr J is the only permanent member things as proper interpreting services; earlier than I might otherwise have of the court not present here today. attention to matters of traditional been, and it gave me the benefit of He sent me an email from Mt Edna in law and practice; and to the a highly traditional education which Sicily. The purpose of his email was to development of principles such as the focused on core subjects such as suggest that, as significant as today Anunga Rules to prevent unfairness mathematics, English literature might be, the highlight of my legal to Aboriginal people in the justice and Latin. career was undoubtedly receiving the system. The court’s focus going Peter Barr prize in international law into the future will remain on such It was also a place in which I made during the course of my university matters, together with a continued enduring friendships and I am both studies. I remember the occasion consideration of alternative gratified and honoured that three vividly. It was the first time I had met sentencing regimes for Aboriginal of those friends have been able to Peter. I could not understand what he defendants and examination of attend today, from far-distant places. said as he presented me with prize the utility of general deterrence in Two of them were the other members because he insisted on delivering sentences for Aboriginal defendants, with me on the school debating team. his speech in French. However, I do and the involvement of communities They were far more accomplished remember being impressed by his in sentencing outcomes. public speakers and critical thinkers savoir faire and I remain so to this day. than me, but both chose paths other Of course, the courts can only than in the law. In noting the successes which the deliver justice in partnership with Territory has enjoyed in its evolution, the practitioners who appear before My employment in the Crown I do not seek to paper over the very them. I echo the comments made Solicitor’s Office, as it then was, significant failures and challenges. recently by the Chief Justice of New and the resumption of my studies Many of them remain, as identified by South Wales; that the dialogue in law was, obviously, also a turning Herbert in his polemic eighty years between the Bench and a well- point. I enjoyed the benefit of many ago, there is a clear disjunct between prepared advocate, aided by focused mentors too numerous to name here, legitimate Aboriginal entitlement submissions, provides the best but I would make special mention and aspiration and what is actually mechanism for quickly identifying the of Professor Ned Alderman for his experienced in many remote, real issues in a matter and aiding in outstanding academic leadership. traditional communities. Herbert its just disposition. The relationship I also had the good fortune to be railed against a democracy which was between the courts and their dragged through the degree by my hampered by inflexibility in dealing practitioners should be marked on two study mates, Greg McDonald with those issues. Although self- both sides by hard work, courtesy and and Eric Hutton. They sought to government has brought government collaboration, and that is the model I demonstrate by example the virtues closer to the people, it has not been will strive to achieve. of industry and humility. I eventually successful in addressing those picked up the first, but the second issues satisfactorily. remains a work in progress. BALANCE SEPTEMBER 2016

I also record the presence here I also want to acknowledge the My ambitions for this court going into today of Samantha Miles and Karen invaluable assistance and friendship the future are as first advanced by Christopher who were with me from which I have received from Debra Sir Gerard Brennan many years ago the start of that journey so many Carr. She has been working with now and recently reiterated by French years ago, as member of the inaugural me for approximately fifteen years CJ. The reference points for a court’s class. My time at William Forster now, since her time as clerk at success are as follow: Chambers was obviously crucial in my William Forster Chambers, and has professional development. I enjoyed done me the honour of coming to 1. First, it must be seen by the commu the collegiate atmosphere immensely, the Supreme Court with me. When nity as impartial, independent and and particularly, the friendship and I first asked her to come to work fearless in applying the law. support of Alderman, Barr, Bruxner, with me following my appointment Christrup, Kelly, McNabb, O’Loughlin, as Solicitor-General, she said she 2. Secondly, its work must be Reeves, Silvester and Young, amongst would, as long as I understood two undertaken by judges and others. Although located in other things clearly: the first was that her practitioners who know the law and chambers at the time, Southwood family was more important than its purposes and who are alive to was also an important mentor to me, my job; and the second was that the connection between abstract both during my time at the Bar and she didn’t make coffee for anyone. legal principle and its practical as a solicitor. I also make particular That understanding has formed the effect. mention of my dear, departed friend, bedrock of our working relationship Ian Morris, and note the presence of since and will, no doubt, continue to 3. Thirdly, the court must accept and Jill Morris here today. do so into the future. observe the limitations on judicial power and, within those limitations, My time as Solicitor-General has been, I want to pay tribute to my mother for develop or assist in developing the without doubt, the most rewarding the love and support she has provided law to answer the needs of society experience in my professional career throughout my life and to my two as they present from time-to-time. thus far. The quality of the work is brothers, on that same account. It is unparalleled and my relationship with a matter of great regret for all of us 4. Finally, the court must, within the other Solicitors-General over the that my father is not with us today, the limits of its resources, be years has given me great professional but we are reminded of him by many reasonably accessible to those and personal satisfaction. I am of the people here for this occasion, who have a genuine need for its honoured by the presence in court including his former colleague and remedies. here today of the Solicitors-General friend, Mick Palmer; the Chin family; for the Australian Capital Territory, and Benny and Sandra Loufatt(?). I am grateful for the opportunity to Queensland, Tasmania and Victoria. serve on this court and I thank all I thank my three daughters, Courtney, present for doing the court and me I also note that four of the five people Jamie and Hannah for their love and the honour of being here today. who have held office as Solicitor- good humour; even though that General for the Northern Territory humour is invariably at my expense. are in court here today; only Ian Baker You have been the greatest joys in my is missing. I make special mention life and you continue to be so. Four of of Tom Pauling AO QC who was my my nieces are also in court here today predecessor and went on to the office and they are like surrogate daughters of Administrator. I will always have to me and bring me the same joy. the deepest gratitude to him for his recommendation. I was also fortunate Most importantly, I thank my wife, to have two strong, hardworking and Marita. We have been together for competent attorneys for most of almost twenty-nine years now and my tenure as Solicitor-General; first those of you who know me well in Delia Lawrie, and more recently, will understand how significant an in John Elferink. Although they did achievement that is on her part. not always follow my advice, I am She has always supported and grateful to them for always giving it looked after me and our daughters, appropriate consideration. putting our needs above hers. She understands the depth of my appreciation and gratitude. 23