Justice Rares tells the Crown not to bother him with trifles concerning the cost of hearing a case on Norfolk island … Treating the Federal Court as a “small agency” of the Commonwealth … “Interests of justice” … Rant from the bench … Stephen Murray reports 

Well, the Federal Court has its own redoubtable Asterix maintaining his own battle against the imperial designs of Canberra’s procurators.

In a recent matter involving a spot of indecency on Norfolk Island, Federal Court Justice Steven Rares railed against the mindset of the Finance Department treating the Federal Court as “some sort of small agency”. 

Standing on the dignity of the court as a creature of Chapter III, he stoutly ventured the opinion that the courts were “not here to worry about the budget of some departmental officers”.

“… the idea that a court would be worrying about what the Commonwealth wants to say about costs to it of administering justice is not, seems to me, a matter that the court should be asked to take into account.”

Justice Rares was sitting in his capacity as a justice of the Supreme Court of Norfolk Island – a court that is populated by judges appointed by the Governor General, with the current appointees being from the Federal Court, namely Justice Anthony Besanko (Chief Justice), Justice Michael Wigney and Justice Rares.

Although the proceedings were centred on Court Room 18B of the Sydney Queen Square pile, strangers to the court were alerted to the change in jurisdiction by a Norfolk Island flag – green and white with the image of a Norfolk Pine resplendent – festooned on the bench, with bulldog clips keeping it in place.

Justice Rares was called on to consider a criminal case involving a Glenn Johnson. After chiding the Commonwealth DPP’s counsel, Sarah Cartledge, who appeared by video from Brisbane, for an indictment omitting the particulars of the alleged offences, Justice Rares turned his mind to the venue for the plea and sentencing.

Having nominated Norfolk Island as the most appropriate venue, Justice Rares was told by Johnson’s Norfolk Island based solicitor, John Brown, that his client’s legal aid might not run to having counsel appear on the island, and that the most appropriate venue might be Canberra. 

Justice Rares acknowledged that might be taken into account:

HIS HONOUR: Well, that’s certainly a relevant consideration, Mr Brown. I mean, if it’s going to – if his legal aid won’t allow him to be able to cover his counsel to appear in the hearing. I understand that. All right. Well, I suppose, that’s something that we need to think about.

However, Rares said it was his preference in the interests of justice to have the matter heard on Norfolk Island:

“At the moment, I will say I will provisionally do that in Canberra, but I think we can find out about the legal aid position, Mr Brown, and the other logistical issues that you have raised, but if it has to be done in Canberra, I can do it in Canberra. 

But my preference and consideration that subject to your client’s individual position about his legal aid and being able to do that, get counsel appearing at the actual place of the hearing, it would be in the interests of justice to hear it on the island. 

But if your client’s legal aid position is that he cannot deal with it or if it’s actually going to take five days of court time, it may be that I have to hear it in Canberra. We will leave that and see where that comes out.” 

Justice Rares was not best pleased by this unpleasant intrusion of bean counting:

In the face of Justice Rares’ wigging, Cartledge decided discretion was the better part of valour:

With that, Justice Rares allowed the matter to go over to case management, and adjourned the court.