Queensland Legal Year in Review
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YEAR IN REVIEW | Page 15 Queensland Legal year in review January 1 Ian Brown commenced his term as president of Queensland Law Society with Michael Fitzgerald as vice president. 13 New regional magistrates, Steven Mosch (Townsville), Aaron Simpson (Ipswich) and Simon Young (Caboolture) were sworn in. 20 His Honour Judge Marshall Irwin retired as a judge of the District Court of Queensland. A profile of his Honour appears at [2014] QLY 451. 26 Australia Day Honours were awarded to the Hon Justice Robert Gotterson AO. February 7 The report from the Queensland Racing Commission of Inquiry, with the Hon Margaret White AO as Commissioner, was presented to the State Government. 20 The Hon Justice Margaret Wilson presented a paper at the conclusion of the first Bar Association of Queensland Bar Practice Course for 2014 entitled ‘Barrister and Solicitor: a symbiotic relationship in the interests of the client’. The paper appears at [2014] QLY 200. 21 Adjunct Professor Frank Brennan presented a paper at the Queensland Law Society’s annual dinner entitled ‘Too much order with too little law: Queensland Attorney-General Jarrod Bleijie, the Hon Margaret thirty years on’. The paper appears at White AO and Minister for Sport and Racing Steve Dickson pose with findings from the Queensland Racing Commission of [2014] QLY 208. Inquiry in Brisbane, Friday 7 February 2014. Photography Dan Peled, AAP. QUEENSLAND LEGAL YEARBOOK 2014 Page 16 | YEAR IN REVIEW 26 Chief Justice Paul de Jersey AC was announced as the next Queensland Governor. Demolition work commenced at the former Supreme and District Courts complex on George Street. 27 The Hon Justice John H Byrne AO RFD presented a paper entitled ‘Countering judicial corruption’ to the G20 Anti- Corruption Working Group Meeting, Sydney. The paper appears at [2014] QLY 214. March 7-9 The Bar Association of Queensland’s th Demolition of the former Supreme and District Courts complex 10 annual Bar conference was held on commences. Photography SCLQ the Gold Coast. The conference theme was ‘Tomorrow’s Bar Today’. 13 Brett Peter Cowan was found guilty of the murder of Daniel Morcombe. Cowan was sentenced to life imprisonment with parole eligibility set at 20 years. The Court of Appeal heard concurrent appeals from Cowan and the Queensland Attorney-General in November. Both appeals were dismissed. See R v Cowan; R v Cowan, ex parte Attorney-General [2015] QCA 87. (L-R) Denise Morcombe, Bruce Morcombe, Bradley Morcombe and Dean Morcombe arrive at the Supreme Court in Brisbane on day 18 of the trial of Brett Peter Cowan. Photography News Ltd/Newspix. QUEENSLAND LEGAL YEARBOOK 2014 YEAR IN REVIEW | Page 17 19 Queensland Solicitor-General Walter Sofronoff QC resigned, subsequently calling on the Attorney-General, Mr Jarrod Bleijie, to resign. The first seminar of the ‘Current Contemporary Constitutional Controversies’ colloquium, organised by the T C Beirne School of Law at the University of Queensland, was held in the Supreme Court Library. Professor Patrick Parkinson AM presented a paper entitled ‘The territory of marriage: constitutional law, marriage law and family policy in the ACT same sex marriage case’. Commentary was provided by Walter Sofronoff QC. The paper was subsequently published at (2014) 28 Australian Journal of Family Law 160. 21 The Hon Justice Margaret McMurdo AC addressed the Queensland women judicial officers and barristers at the Inns of Court with a paper entitled ‘A report card on gender equality at the Queensland Bar and Bench and the invisible women’. The address appears at [2014] QLY 219. 21-22 The Queensland Law Society Symposium 2014 was held at the Brisbane Convention and Exhibition Centre. The symposium was opened with an address from Chief Justice Paul de Jersey AC. The transcript of this address appears at [2014] QLY 224. April 2 In Thiess v Collector of Customs [2014] HCA 12, the High Court held that s 167(4) of the Customs Act 1901 (Cth) barred a restitutionary claim to recover overpaid customs duties, affirming the judgment of the Court of Appeal at [2013] QCA 54. 10 Peter Dunning QC was appointed Queensland Solicitor-General. 11 The Hon Justice Margaret Wilson resigned as a judge of the Supreme Court. A biographical profile of her Honour appears at [2014] QLY 442. 16 Dr Eva Micheler, Reader in Law at the London School of Economics, and Professor at the Vienna University of Economics, presented a paper entitled ‘Disguised returns of capital: developments in English law’ in the Gibbs Room, Bar Association of Queensland. The Hon Justice Nye Perram commented on the paper and provided Australian perspectives. 23 The 2014 Supreme Court Oration was delivered by Professor Dame Hazel Genn DBE QC (Hon) in the Banco Court. The paper was entitled ‘Do-it-yourself justice: the challenge of self-representation in the English courts’. A transcript of the paper The Hon Paul de Jersey AC, Chief Justice of Queensland, introduces appears at [2014] QLY 228. Dame Hazel Genn DBE QC (Hon) at the 2014 Supreme Court Oration. Photography SCLQ. QUEENSLAND LEGAL YEARBOOK 2014 Page 18 | YEAR IN REVIEW May 2 Emmanuel College’s 9th Annual Sir Harry Gibbs Law Lecture was delivered in the Banco Court, with Chief Justice Paul de Jersey AC presenting the paper ‘The Gibbs Imprint at the Queen Elizabeth II Courts of Law’. 8 The Bar Association of Queensland’s ‘Current Legal Issues’ seminar series commenced in the Banco Court with a lecture delivered by the Hon Dyson Heydon AC QC, and commentary by Professor Stefan Vogenauer. The paper, ‘The objective approach to statutory interpretation: views from abroad’ appears at [2014] QLY 152. 21 The Hon James Barry passed away at the age of 69. A tribute appears at [2014] QLY 310. June 9 Queen’s Birthday honours were awarded to her Honour Chief Judge Patricia Wolfe AO. 12 The appointment of his Honour Judge Timothy Carmody QC as Chief Justice of Queensland was announced at a media conference in the Supreme Court Library. 13 Peter Davis QC resigned as president of the Bar Association of Queensland because of concern about the process by which the new Chief Justice was appointed. Shane Doyle QC, as the former vice president of the Association, commenced to serve as president of the Newly announced Queensland Chief Justice Timothy Carmody Association. (centre), flanked by Attorney-General Jarrod Bleijie (right) and Premier Campbell Newman, speaks during the announcement at the Supreme Court Library in Brisbane, Thursday 12 June 2014. 18 The Supreme Court Library exhibition Photography Dan Peled, AAP. ‘Path to abolition: a history of execution in Queensland’ was officially opened in the Sir Harry Gibbs Legal Heritage Centre. The Hon Ian Callinan AC QC and Soraya Ryan QC presented papers on the history of capital punishment in Queensland in the Banco Court. These papers appear at [2014] QLY 38, 50. 18 The Hon Justice John Muir delivered a paper to the bi-annual Court of Appeal dinner of the North Queensland Bar Association. This paper appears at [2014] QLY 241. 19 In Williams v Commonwealth of Australia [2014] HCA 23, the High Court in its original jurisdiction upheld a challenge by a Toowoomba father to the validity of payments made by the Commonwealth to Scripture Union Queensland in respect of its school chaplaincy program. QUEENSLAND LEGAL YEARBOOK 2014 YEAR IN REVIEW | Page 19 20 The Queensland Chapter of the Selden Society held its annual meeting in the Supreme Court judges’ conference room in the Queen Elizabeth II Courts of Law. Chief Justice Paul de Jersey AC’s speech entitled ‘Sir Samuel Griffith and Sir Harry Gibbs and the Order of St Michael and St George’ appears, with a paper by Helen Jeffcoat, at [2014] QLY 248. 23 The Bar Association of Queensland publicly expressed concern about the course of events relating to the appointment of the new Chief Justice and respectfully requested the nominee to reconsider whether to take up the appointment. 27 A valedictory ceremony for the Hon Paul de Jersey AC, Chief Justice of Queensland, was held in the Banco Court. His Honour formally resigned office on 8 July. A transcript of this ceremony appears at [2014] QLY 330. A biographical profile of his Honour appears at [2014] QLY 440. Peter Flanagan QC was appointed as a judge of the Supreme Court of Queensland. A biographical profile of his Honour appears at [2014] QLY 443. 29 Frank Glynn Connolly passed away aged 98. A tribute appears at [2014] QLY 314. The Hon Chief Justice Paul de Jersey AC at his valedictory ceremony in the Banco Court. Photography Phillip Norrish, News Ltd/Newspix. QUEENSLAND LEGAL YEARBOOK 2014 Page 20 | YEAR IN REVIEW July 8 His Honour Judge Timothy Carmody QC was appointed as Queensland’s 18th Chief Justice. A profile of his Honour appears at [2014] QLY 441. Magistrate Orazio (Ray) Rinaudo was appointed as a judge of the District Court, to serve as Chief Magistrate. A biographical profile of his Honour appears at [2014] QLY 456. Leanne O’Shea was appointed Deputy Chief Magistrate. A transcript of the Chief Magistrate's and Deputy Chief Magistrate's welcoming ceremony on 16 July is at [2014] QLY The Hon Chief Justice Timothy Carmody 385. at the Cathedral of St Stephen in Brisbane for the annual Opening of the Law Year Church Service. Photography Adam 14 The annual Opening of the Law Year Church Service Armstrong/Newspix. was held at the Cathedral of St Stephen, Elizabeth Street, Brisbane. 15 Gerard Baden-Clay was found guilty of the murder of his wife Allison Baden-Clay. He was sentenced to life imprisonment with parole eligibility set at 15 years. Baden- Clay lodged an appeal two days after he was convicted.