Ticking all the bruvvers' boxes 
Saturday, April 21, 2012
Justinian in AAT, Duncan Kerr, Judges, Map of Tasmania, Tasmanian DPP

Apple Isle underwhelmed by Duncan Kerr's appointment as president of the Administrative Appeals Tribunal … Are Tasmanians trying to tell us something? … Labor mate triumphs …  Support from convicted cleaner ... Map of Tasmania 

Kerr, left, conferred with insignia of Chevalier de la Légion d’Honneur

Duncan Colquhoun Kerr's appointment to the plum pozzie of president of the Administrative Appeals Tribunal has been greeted in his home town of Hobart with a strange absence of enthusiasm. 

Normally Taswegians go over-the-moon when a local is elevated to a national job. 

When Merv Everett and Peter Heerey got births on the Federal Court the yelps of delight from the Apple Isle could be heard for years. 

The Tassie Law Society and the local bar association have kept congratulatory noises about the former Labor member for Denison and Keating era minister to a minimum. 

In fact, there were no hurrahs publicly displayed on either of their websites. The main source of congratulations seemed to come from Michael Kirby Chambers, where Kerr had hung his shingle

The elevation surprised many in view of AG Roxon's professed interest in judicial diversity, which she says includes considerations of "gender, professional background, geography and cultural background". 

An advisory panel comprising Patrick Keane, Gerry Brennan, Jane Mathews and someone from AGs considered candidates for appointment.  

Colquhoun Kerr must have ticked all the boxes, as sources close to the successful candidate say that there were over 300 expressions of interest in the gig.  

Real estate agents report that Colquhoun's house was quietly placed on the market a while ago, so maybe he had an inside tip from the bruvvers. 

After the announcement Hobart's Mercury reported … 

"He did not know yet where he would be based, but the job would include extensive travel." 

One comment on the Mercurial's website that enthused about the appointment came from Nigel Jones of Geilston Bay, who has a commanding way with words and spelling: 

"i have had the privelege of knowing Duncan proffessionally for many years and a Astute thinker outside the square on Constitunial and price watch issues . Duncan had enormous compassion for the battler especially the elderly . Well Done finally he has been recorgnised for his Legal talent and and his passion for corporate Law." 

Nigel is a cleaner and former alderman on the Glenorchy City Council, who was convicted in 2010 for nicking sensitive government documents when he was doing some vacuuming at the Treasury offices in Murray Street.  

The papers related to the State budget and ended up in the hands of the Liberal Party. 

Magistrate Olivia McTaggart positively disbelieved Nigel's evidence that he had simply been given the papers by an unknown man in a sharp suit. 

Duncan himself made some modest remarks to the Daily Rupert:  

"I'm very pleased that there is a Tasmanian appointment to the Federal Court and also the Administrative Appeals Tribunal. 

There are some really strong unrecognised barristers and solicitors in Tasmania, a strong reservoir of highly competent people, but because they're not in the limelight they often don't get the recognition. I hope we'll have more Tasmanian appointments." 

Kerr got silk in 2002, when he was still a federal MP. He had a tiny hold-over stint as attorney general in 1993. 

His experience at the bar had been relatively limited as he actually spent more time in politics and at universities. 

He was Justice Minister in the Keating government between 1993 and 1996. 

Tassie DPP Timsy Ellis called Kerr a "disgrace" in a famous 2010 footpath stoush in Hobart. 

There was a report about this in The Tasmanian Times and follow-up analysis in Justinian.  

The DPP greeted the MP on the street with the words: "I see you're out of Cowards' Castle." 

Kerr had complained in federal parliament about several unsuccessful high-profile Tasmanian prosecutions. 

"In each instance, the DPP pursued prosecutions against high-profile office holders for crimes not involving any element of corruption, dishonesty or intrinsic criminality." 

The MP was supported by Liberal Senator (Uncle Otto) Abetz, who said he could see “see the appropriateness of Mr Kerr’s concerns”.  

In a letter to the Mercurial, Ellis wrote:  

"Duncan Kerr has chosen to misuse his last days of access to parliamentary privilege for an attack on me. Mr Kerr selected for his criticism five prosecutions out of approximately 5,500 for which I have been responsible over the past 10 and a half years."

Ellis also pointed out that one of the prosecutions was against ALP left colleague and friend of Kerr's, John White. Others involved former deputy Labor premier Bryan Green, former chief copper Jack Johnston and independent MLC Ivan Dean.

Many lawyers tell me that Tasmanian Supremo Justice Alan Blow would have been a splendid president of the AAT and Federal Court judge. 

Article originally appeared on Justinian: Australian legal magazine. News on lawyers and the law (https://justinian.com.au/).
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