Changing the guard
Wednesday, June 1, 2011
Justinian in Bathurst CJ, Judges, Spigelman CJ

The Queens Square Lubyanka saw a beefy turnout and a smooth transition as the orb and sceptre were passed from Spigelman to Bathurst ... The lack of fine oratory was compensated for by lavish basting ... Picture gallery

The guard quietly changed at the NSW Supremes. Out with the old ... In with the old.

The accompanying flattery was weightier than the woolly Santa suits.

Jim Allsop said that Spigelman possessed:

"courage and boldness ... a huge intelligence ... an enormous capacity for clarity and pungency ... a deep sense of justice ... a consummate political skill."

To cap it off:

"You stand as one of the best judges ever to have served this nation. I use no hyperbole here."

And ...

"Australia is an immeasurably better place for your work as a judge, as a leader of this court and as a public intellectual."

Spigs - about the join the other feather dusters (photo Kate Geraghty / Fairfax Media)

Attorney General Gregory Eugene Smif and president of the local Law 'n' Order Society Stuart Westgarth also laid it on with trowels.

See Westgarth's offering.

Someone even claimed that Spigs had improved the efficiency of the court and cut costs for litigants. This is not something that litigants have noticed to any marked degree and, as for "efficiency", it's not a word that has filtered down to the registry on level five.

In his speech Spigs said Attorneys General came and went, but throughout his 13 years as Chief Justice, Laurie Glanfield remained as head of the Attorney General's Department.

"He was first appointed head of a government department under the Greiner government and his survival skills are comparable to those of Talleyrand. My dealings with him were always positive and purposeful. He also performed a very useful function for me. I could blame him for everything I did not want to do."

Then it was Tom Bathurst's turn.

His own speech was modest, saying he was daunted by the task that lies ahead; that he had big shoes to fill; and that he was a hopeless solicitor and the most helpful thing he did for that branch of the profession was to leave it.

He touched all the buttons that are expected to be touched on these occasions: a national legal profession cannot be achieved at the risk of its independence; there should not be too many documents tendered in litigation; and that courts should welcome media scrutiny (but only so the public better understands the functions of the courts and how they operate).

On costs he was suitably opaque:

"The costs of litigation are an ongoing problem. This, of course, in part due [sic] to the labour intensive nature of the process and, to some extent unavoidable

However, we should be vigilant to ensure that access to the courts is not restricted to the very wealthy or or the limited group of people who are entitled to legal aid ..."

Bathurst: touched the buttons (photo Kate Geraghty / Fairfax Media)

Other speakers, including Westgarth, reassured the gathering that "the court is in good hands" and that Spigelman has left the show in "good shape".

This is the housekeeping seal of approval - everything is as it should be, so don't change the product.

These occasions are eerily reminiscent of lavish ceremonies staged by cults, like the Masons or the Aztecs.

The installation of a new Grand Poo Bah is a wonderful opportunity to get into the headdress, put a bone in the nose and make reassuring bonding noises that everything is as it should be.

Attorney General Smith: bonding at Bathurst's swearing-in (photo Justin Lloyd / Daily Telegraph pool pic)

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