Family Court CJ on message with the attorney general … Searching for Sarah Fregon’s replacement at Vic’s Bar … Lease of life for Act of Settlement, 1701 … Theodora reports
Justinian was excited to get a phone call from Cheryl Gwilliam, attorney general “Christian” Porter’s chief of staff.
She was passing on a message from the Christian objecting to a photo we used to accompany our scoop story about the Family Court judges rebutting the attorney’s misstatements he has used to justify the abolition of the Family Court of Australia.
The photo is freely available on his website christianporter.com.au and part of the imagery used to build his message of a virile, caring man, interested in clean living, sheep and family values.
Cheryl conveyed the AG’s message that it was “inappropriate” to use a family photo with the article. Of course, he welcomes “public debate” so please use another photo with the story.
Justinian was happy to oblige with a replacement pix of the AG even though his concern is a little mysterious when you consider that there are numerous posed images of him, his wife and kiddies plastered on the internet and for consumption of “readers” of the local WA newspaper.
Cheryl explained:
“… when articles are specifically concerning decisions as attorney general it is appropriate that a picture of Christian Porter only should be used. Family photos are usually associated with electorate matters.”
A distinction that was news to our poor old picture editor.
What is unusual, is that Porter was most probably alerted to the story by the Family Court itself. Later the same day, we received a message that John Pascoe CJ wanted to pass on the AG’s concerns about the use of the family snap to accompany the story.
Which raises the question – why on earth would the Chief Justice of the Family Court be running messages for the attorney general?
Russell Reynolds is the head-hunter and hoped to have applications in hand by last Friday (August 17).
They are looking for someone to “grow the Victorian bar’s market share”, with CEO or senior executive experience, “excellent internal and external leadership and communication skills and proven ability to manage excellent and effective relationships across complex stakeholder groups”.
Someone experienced at developing “creative service delivery models” would also be a plus, along with legal training and experience.
Then there are business development initiatives and major projects, member services and support delivery consistent with the bar’s strategic plan.
Fregon was a refreshing change and an innovative CEO for Vic’s bar ‘n grill, dragging a dowdy outfit into the modern era, being more open to the world and trying to change the old-boy agenda that set the tone for the show. She has been CEO for the last three-and-a-half years.
Between 2001 and 2009 she was a barrister, chair of the Liquor Control Advisory Council from 2014 to 2017, general counsel at PZ Cussons (the soap empire) 2013-2015, and before that a solicitor at Browne & Co.
As soon as her replacement can be located she’s taking up a “greenfields” role with Deloitte as head of the legal management consulting business.
Here is bar president Matt Collins’ au revoir announcement.
High Court Justice Nicholas Mostyn thought this was an auspicious moment to rebuke Gauke for his interference in the independence of the board whereby he effectively forced the chair, Professor Nick Hardwick, to leave his job over the Worboys affair.
Mostyn was asked to perform a judicial review of the quasi-judicial Parole Board, by Paul Wakenshaw, a prisoner currently awaiting a parole decision.
Mostyn determined that the Parole Board’s independence was compromised because the Justice Secretary could ask members to resign without any oversight or review.
“In my judgment it is not acceptable for the secretary of state to pressurise the chair of the Parole Board to resign because he is dissatisfied with the latter’s conduct. This breaches the principle of judicial independence enshrined in the Act of Settlement 1701.”
Hardwick’s ouster was triggered by tabloid anger over the release of Warboys, known as the “black cab rapist” for tricking numerous women into consuming a date-rape drug and then assaulting them in his taxi.
Warboys was sentenced to an indeterminate period of imprisonment in 2009, on the basis of public safety, with a minimum sentence of eight years. Indeterminate sentences were abolished in 2012, with then Justice Secretary Kenneth Clarke describing the regime as a “stain” on the administration of justice.
Warboys was slated for release earlier this year after almost nine years in prison. The High Court later ordered the Parole Board to reconsider its decision. Warboys remains in the slammer.
Hardwick provided a statement to Justice Mostyn describing how Gauke had pressured him to resign. It is not flattering.
Gauke twice said that he “did not want to get macho” with Hardwick, who saw it as a “clear threat” but also felt it was an “odd phrase to use”. Even while encouraging Hardwick to end his career in the public service, Gauke was apparently too unsteady to meet his gaze.
The Justice Secretary now has three months to alter processes to improve the Parole Board’s independence. If not, Justice Mostyn’s judicial review will proceed.
Benito, nota bene.