Santa George Brandis has been liberally handing out pre-Xmas judicial and tribunal jobs … The solicitor general vacancy also filled … Dr Stephen O’Donaghue, the quiet man of the moment … Party hacks to the AAT 

There are tell-tale signs, including a flurry of appointments to the federal courts and the AAT. It looks like an end-of-career job clearance. 

Yesterday (Wed. Dec. 14) it was announced that Canberra barrister Amanda Tonkin also landed a FCCA birth.  

However, it was the solicitor general gig that stole the limelight. Dr Stephen Donaghue from Yarraside has the job, without the dog-collar and lead now that the Legal Services (Solicitor General) Direction has been trashed.  

Donaghue pitched up at the bar pretty much direct from his PhD, which was on the law of commissions of inquiry and royal commissions – and just in time to spend the first couple of years assisting the Cole Commission on the building and construction industry. 

That work funded the move from Clifton Hill to Kew. The SG took silk in very quick time (in Melbourne terms – the folks in Brisbane have always been a bit slicker in that respect). 

There is also a rumour that Steve and Carolyn purchased the penthouse apartment in the Eureka Tower. 

Doc Evans’ academic focus, interestingly, has been on the intersection of law and religion, while Donaghue’s bar work almost exclusively has been for the Commonwealth, state governments and agencies. He says he’s appeared in over 40 High Court cases, constitutional and non-constitutional. This is his swag of High Court appearances as a silk: 

Constitutional

• Plaintiff M68 v Minister for Immigration  (2016) 90 ALJR 297 (executive power and responsibility for detention in regional processing countries);
• Williams v Commonwealth (No 2) (2014) 252 CLR 416 (Commonwealth executive power to spend appropriated funds; legislative power concerning “benefits to students”);
• CPCF v Minister for Immigration (2015) 255 CLR 514 (executive power to turn back boats in international waters);
• Plaintiff M47 v Director-General of Security (2012) 251 CLR 1 (ASIO security assessments, international non-refoulement obligations with respect to persons who pose a security risk; Chapter III and indefinite detention);
• Plaintiff S156 v Minister for Immigration (2014) 254 CLR 28 (validity of statutory regime governing regional processing);
• Momcilovic v R (2011) 245 CLR 1 (constitutional validity and operation of Victorian Charter of Rights and Responsibilities);
• X7 v Australian Crime Commission (2013) 248 CLR 92 (permissibility of coercive questioning after charge);
• Pollentine v Bleijie (2014) 253 CLR 629 (preventive detention of criminals);
• Plaintiff M76 v Minister for Immigration (2013) 251 CLR 322 (Chapter III challenge to indefinite detention);
• Lee and Gropler v Commonwealth and Murray Darling Basin Authority [2015] HCA Trans 123, refusing special leave from (2014) 229 FCR 431 (constitutional challenge to the Water Act 2007 and Murray Darling Basin Plan challenge).

Non-constitutional

• Australian Electoral Commission v Johnson (2014) 251 CLR 463 (validity of 2013 WA senate election after ballot papers lost, acting for three Liberal Party Senators);
• Maritime Union of Australia v Minister for Immigration and Border Protection (2016) 90 ALJR 1004 (regulation of offshore resources industry);
• Plaintiff M64 v Minister for Immigration and Border Protection (2015) 90 ALJR 197 (offshore humanitarian program);
• Isbester v Knox City Council  (2015) 255 CLR 135 (apprehended bias);
• Minister for Immigration and Border Protection v WZAPN (2015) 254 CLR 610 (detention and serious harm);
• Plaintiff S297 (No 2) v Minister for Immigration and Border Protection (2015) 255 CLR 231 (peremptory mandamus and national interest decision-making);
• Plaintiff S297 v Minister for Immigration and Border Protection (No 1) (2014) 255 CLR 179 (visa caps);
• Plaintiff M150 v Minister for Immigration and Border Protection (2014) 255 CLR 199 (visa caps);
• Plaintiff S4 v Minister for Immigration and Border Protection (2014) 253 CLR 219 (non-compellable personal ministerial powers);
• FTZK v Minister for Immigration and Border Protection (2014) 88 ALJR 754 (irrationality; proposed removal to China of person wanted for murder);
• Plaintiff M79 v Minister for Immigration and Border Protection (2013) 252 CLR 336 (Temporary Safe Haven Visas and personal ministerial powers).

And this is his High Court tally as a junior: 

• Malaysia Determination Case (Plaintiff M70);
• Queanbeyan City Council v ACTEW Corporation Ltd (s 90 and excise duties on water);
• Roy Morgan v Commissioner of Taxation (challenge to superannuation guarantee legislation);
• Plaintiff M79 (Temporary Safe Haven Visas and personal ministerial powers);
• Board of Bendigo Regional Institute of TAFE v Barclay (general protections under the Fair Work Act);
• Offshore Processing Case (Plaintiff M61);
• Work Choices Case (New South Wales v Commonwealth);
• Thomas v Mowbray (challenge to terrorism legislation);
• MZXOT v Minister for Immigration (the Remitter case);
• The Queen v Wei Tang (challenge to slavery legislation);
• Gypsy Jokers v Commissioner of Police (WA) (Chapter III);
• K-Generation v Liquor Licensing Court (challenge to State legislation on Chapter III grounds);
• Sportsbet v New South Wales (s 92);
• Betfair v Racing New South Wales (s 92);
• Spencer v Commonwealth (s 90);
• John Holland v Victorian Workcover Authority (s 109 challenge to State OH&S legislation);
• Attorney-General (Cth) v Alinta (challenge to the validity of the Takeovers Panel);
• Ruhani v Commissioner of Police No 1 and No 2 (for Nauru, in a challenge to validity of Nauru appeals legislation, and then to the legality of the Pacific Solution);
• Occupy Melbourne litigation;
• Jangala (Challenge to Muckaty Station radioactive waste storage facility)
• Lee and Gropler v Commonwealth and Murray Darling Basin Authority (challenge to Water Act 2007)
• Securency litigation (for DFAT).

A couple of Melbourne commercial silks told Justinian that they had “never heard” of Donaghue, which is an indication of the extent of his reserved nature.

Smart, earnest, fastidious is the message we get about him. 

It looks as though Brandis won’t be around too much longer to meddle and mess things up. This is his answer on December 12 to a question from Senator Murray Watt (ALP Qld.) at senate estimates: 

Senator Brandis:  I’m not at liberty to answer your question senator.