I I Harjvews The journal of the NSW Bar Association I __ The High Court • with McHugh J. - Where does its future lie? IF £ Autumn 1989 I In this issue Bar Notes Mr. Justice Robert Marsden Hope A.C. C.M.G . ............................. 2 Frederick Jordan Chambers ............................................................2 Masterful......................................................................................... Australian Bar Association ............................................................. Robing in the Family Court of Australia ........................................ 2 Visiting Counsel to the Northern Territory ..................................... 2 Published by: NSW Bar Association From the President ............................................................................... 3 174 Phillip Street, Sydney NSW 2000 The High Court with McHugh J . ........................................................ 5 Obituary - Harold Hyam Glass ........................................................... 8 Editor: R.S. McColl SurrogateMotherhood ........................................................................ 8 A Long Way from 22 Church Street .................................................. 9 Assistant Editor: P.M. Donohoe Journey's End ....................................................................................... 11 Interviewing Witnesses ........................................................................ 12 Produced by: The Business Link Bar News Interviews Ian Temby Q.0 ................................................ 13 7 Gunjulla Place, Avalon NSW 2107 MoreTaxing News ............................................................................... 15 TheSkeptical View ............................................................................... 16 Printed by: NSW Bar Association Dinner Robert Burton Printers Pty. Ltd. in honour of Sir Laurence Street K.C.M.G . ..................................... 17 63 Carlingford Street Mr. Senior's speech delivered by R.P. Meagher Q.0..................... 19 Sefton NSW 2162 Mr. Junior's speech delivered by Lloyd Waddy, R.F.D.,Q.0 . ........ 20 Reply by Sir Laurence Street K.C.M.G . ......................................... 25 Advertising: TheArchbolder .................................................................................... 29 Contact Ross Wishart (02) 918.9288 Evidence by Satellite Television .......................................................... 30 Judicial Independence and Justice Staples ........................................ 31 Photographs: Mr. Justice McHugh with His Honour Mr. Justice Meagher ....................................................... 33 family by courtesy of John Fairfax & How the Giannarellis made a Real Barrister out of me ................... 34 Sons Limited; Sir Ninian and Lady Equity Division Expedition List .......................................................... 36 Stephen - Mr. Justice Kirby; Great Bar BookReviews ........................................................................................ 37 Race - Judge Moore; Sundry others - R.S. Documentary Evidence in Australia McColl. Injunctions, A Practical Handbook Lane's Commentary on the Australian Constitution 26th Australian Legal Convention ...................................................... 38 Views expressed by contributors to Bar B.S.J. O'Keefe A.M., Q.0................................................................... 38 News are not necessarily those of the Unprofessional News ............................................................................ 39 Bar Association of New South Wales. Motions and Mentions Availability of Suitors' Fund ........................................................... 40 Contributions are welcome, and should Federal and Territory Choice of Law Rules .................................. 40 be addressed to the Editor, R.S. McColl, FairWeather Bar ............................................................................. 40 7th floor, Wentworth Chambers, 180 Preliminary Notice .......................................................................... 40 Phillip Street, Sydney NSW 2000. The Demise of the Nominal Defendant ................................................. 40 deadline for the next issue is 9 June TranscriptEnquiries ........................................................................ 40 1989. ChangingRoles ............................................................................... 41 Reform of Criminal Procedure ........................................................... 42 ISSN 0817-0002 LegalSpeak ........................................................................................... 43 Restaurant Reviews ............................................................................. 44 Classifieds ............................................................................................. 44 This Sporting Life Bar Wins Soccer Cup ...................................................................... 45 COVER: Mr. Justice McHugh - Golf - Victory over Solicitors ......................................................... 45 photographed by R.S. McColl. GreatBar Race ................................................................................ 46 Bar News, Autumn 1989 - 1 Bar Notes Mr. Justice Robert Marsden Hope Australian Bar Association A.C. C.M.G. The new office bearers of the Australian Bar Association are: On Australia Day it was announced that Mr. Justice Hope K.R. Handley Q.C., (President) had been appointed a Companion of the Order of Australia for E.W. Gillard Q.C., (Senior Vice-President) (Victoria) services to law, government, learning and conservation. G.J. Lunney Esq., (Junior Vice-President) (A.C.T.) The Companion of the Order of Australia is, of course, D.L. Harper Q.C., (Treasurer) (Victoria) first in precedence of the Australian honours and is awarded for "eminent achievement and merit of the highest degree in Robing in the Family Court of Australia service to Australia or to humanity at large". His Honour's services to law are well known. He took silk Justice Ellis has indicated that counsel should only robe in 1960 and was appointed a Judge of the Supreme Court in when appearing in contested matters in the Family Court. September 1969 and a Judge of Appeal in August 1972. For This is in keeping with the Chief Justice's direction that many years he lectured in law at the University of Sydney - Judges should only robe when hearing substantial contested mainly in property law. proceedings. Judges do not currently (and will not) robe when It has been through his services to government that His sitting on duty lists and when hearing undefended dissolutions Honour is best known to the public. He has served the past of marriage and the like. three Federal Governments, particularly reporting on the In the case of urgent and ex-parte duty matters, counsel Royal Commission into intelligence and security matters. should go to the Court prepared to robe, notwithstanding that From 1974-1977 he was Commissioner in the Royal most such matters are listed before the Duty Judge who would Commission into Security and Intelligence. In 1983 he was normally not robe. As members will appreciate, urgent duty Commissioner in the Royal Commission into Intelligence and matters are often referred to a Judge other than the Duty Judge Security which became known as the Hope Royal Commission. should such other Judge(s) become available to assist the Duty It included the controversial Coombe-Ivanov Inquiry. In 1979 Judge during the course of the day. The requirement to robe he conducted the Inquiry into Protective Security for the or not can then be made upon the basis of the particular Judge's Federal Government. circumstances.D His Honour's contribution to conservation includes his involvement in the Committee of Enquiry into the National Visiting Counsel Estate to which he was appointed as Chairman by the Whitlam to the Northern Territory Government in 1973. The report of that committee became the foundation of modern government and legislative approach to conservation. In 1978 he was appointed the first Chairman of Many counsel from otherjurisdictions are admitted to the the Heritage Council, a position he still holds. Bar and have signed the roll as "visiting counsel" of the Supreme Court of the Northern Territory. Not all such counsel The honour also recognises his contribution to learning. also join the Northern Territory Bar Association, although He served on the senate of the University of Sydney from many do. 1970-1975 and has been Chancellor of the University of In view of recent events, I believe that many visiting Wollongong since 1975. He was Chairman of the Old Tote counsel do not realise that it is an offence under the Legal Theatre from 1970 until the late 1970s and was on the board Practitioners Act for them to practice in the Northern Territory of the Nimrod Theatre from its inception until the late 1970s. unless they hold a current practising certificate. Worse, they He is presently on the board of Musica Viva. He was President of the Australian Council for Civil Liberties from cannot seek payment for their services. 1967-1969. U In order to obtain a practising certificate, visiting counsel should write to the Secretary of the Law Society of the Frederick Jordan Chambers Northern Territory, P.O. Box 2388, Darwin, N.T. 0801 seeking the appropriate application forms and advice. On Wednesday 5th April 1989 Counsels' Chambers In the next few weeks, the Law Society will