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« It's a date | Main | Economists want greater productivity from lawyers »
Monday
Apr142014

Northern notes

Queensland's royal baubles ... Peter Dunning "born and bred in Queensland" ... No Waves washes-up on the Supremes ... Omit "chairperson" insert "chairman" ... Timbo sees a bigger role for judicial registrars ... Pat Keane says government attacks on bar are "ridiculous" ... Pineapple Pol reports 

The word on the Rialto is that monarchy enthusiasts Lance Corporal Newman and the Conveyancer General, Mr Bjelke-Bleijie, are dead keen to reintroduce knighthoods for Queenslanders. 

The move is well-overdue and secret back passages to the palace are being explored to restore the neglected system of gongs. 

Inspired by Tony Abbott, the Queen's man in Canberra, it seems that Two-Wigs will be first in line for a royal bauble. 

Arise Sir Daphnis ... Arise Sir Tubby Callinan ... Arise Sir (Lord) Eldon ... Arise various party hacks and government grovel merchants. 

Queen's Counsel ... Queen's gongs ... Executive prerogatives ... The race back to the future is on in earnest. 

*   *   *

Dunning: consigliere

Peter Dunning's appointment as solicitor general was greeted with gasps of admiration. 

Young Jarrod's press announcement made clear the state now has a real Queenslander as second law officer, not some suspicious sounding Russian.  

"Born and bred in Queensland, Peter Dunning QC's knowledge and experience is vast and he will be a strong advocate and adviser for the State of Queensland. Mr Dunning has experience in a range of jurisdictions, including the Supreme and High Court, and he has had a wide scope of private practice, from constitutional to criminal law." 

Pity Dunny didn't get time to update the entry on his chambers' website to reflect these new skills.  

Callinan Chambers says his expertise is in: 

  • Appellate
  • Construction & Engineering
  • Equity & Trusts Estates & Succession
  • General commercial
  • Insurance
  • Partnership law 
  • Professional Negligence
  • Real Property (Specific Performance, Caveats, Easements)

 However, Dunny has put in the hard-yards appearing for the Libs in election petition disputes and has been one of the Conveyancer General's consigliere. 

*   *   * 

Ian (Pink Bat) Hanger has told his chambers that former bar prez Roger (No Waves) Traves is on his way to the Supremes to replace outgoing judge Margaret Wilson. 

Stand by the announcement from the Conveyancer General. 

*   *   *

Court of Appeal supremo Margaret McMurdo, as we know, was subject to a dose of government retribution for having the temerity to observe that out of 17 judicial appointments made by the government since its election, only one is of the female persuasion.  

Neither the Boy Conveyancer, nor Can-Do, have responded to the suggestion that there might be an unconscious bias against women. 

Now there is a further piece of evidence to hand that shows the extent of the government's gender preference. 

It is found in clause 26(1) of the Crime and Misconduct and Other Legislation Amendment Bill 2014, which reads:

"Section 178(1), 'chairperson' - omit, insert 'chairman'."

The explanatory memorandum says that this amendment will "reflect the new nomenclature to be used in the Crime and Misconduct Act and to provide for the persons who may conduct a public or closed hearing of the commission".

It seems there are no plans anytime soon to appoint a non-penised person to lead the anti-corruption commission - unless, of course, she wants called "Mr Chairman". 

*   *   *

Speculation mounts that Chief Madge Tim Carmody wants to "promote" the judicial registrars of the his court so that they can do more of the work of magistrates.  

Naturally, this would be accompanied by an increase in salary.    

According to the 2012-2013 annual report, written by the former Chief Magistrate Brendan Butler, there were 88 magistrates and 19 acting magistrates in Queensland.  

There was no complaint contained in that report concerning the pressing need for additional magistrates. 

On the contrary, while Butler observed that the workload had increased, the adult criminal clearance rate of 97.5 percent "is still within an acceptable range and the backlog of adult criminal matters over 12 months old continued to trend lower". 

Timbo has been monitoring things carefully and thinks that there is scope for greater participation by the judicial registers, of which there are three (according to the latest annual report). 

This could be good news for part-time judicial registrar Robin Carmody, wife to Timbo. 

*   *   *

Keane: history's ugly incidentsThe High Court's Pat Keane recently received a glittering trophy - life-membership of the Queensland Bar n Grill. 

His speech to mark the occasion contained some deft shafts at the Bjelkiest regime, but he urged the bar to keep the overreach of the executive arm in perspective.  

"We should remember that Voltaire prayed to God that he would help him against those who attacked him by first making them ridiculous.

Even if the recent attacks on the bar are meant seriously, anyone who reflects upon them for more than a moment will see them as ridiculous." 

Bail, executive detention, pink prison togs for bikies, subverting the Court of Appeal, the appointment of cronies to the bench - all of these issues were no doubt dancing in the minds of the bar members who had gathered to acknowledge one of the sons of the Sunshine State. 

Keane traversed the history of "ugly incidents" involving executive governments and the legal profession, from Henry 11, to Richard 11, to James 11 - whose chief justice gave instructions to his fellow judges, "to execute the law to the utmost vengeance ... upon Whigs, and you are likewise to remember the snivelling trimmers". 

So, it appears that Chief Madge Carmody's advice to his troops about no bail for bikies is not the only occasion judges have been told how to go about their work in accordance with the wishes of the executive government. 

The bar's newest life-member added:

"We should not be unduly agitated by the occasional rocky moment. Things have been a lot worse in times past." 

Members of the Qld Law Society are disappointed that its president grovelled to the government over Fr Frank Brennan's rousing dinner speech, yet the bar won't even publish Keane's remarks on its website.  

The leaders of the law trade are tiptoeing around, fearful of causing offence. 

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