Vic County Court’s schedule of judicial wig preferences … Study it carefully … Yarraside bar’s female silk defence … Bluto up-to-speed when it comes to concurring with other’s reasons … Seasons greetings from the conveyancer general
YARRASIDE briefs have been studying closely the recently updated schedule of “wig preferences” for the County Court.
This handy guide to headwear protocol will repay close attention, otherwise counsel are off to a rocky start if they turn-up in the wrong periwig.
The list is carefully divided into wigging preference for both criminal and civil appearances. We find that of the 68 judges listed in the guide to headgear, 19 percent don’t want barristers wearing horsehair for either criminal or civil cases.
Only 5.8 percent have ticked “yes” and “yes” for both columns – requiring wigs for crime and civil. However, most prefer wigs for crime while indicating they are not required for civil.
There are some variations on the theme. Her Hon Judge Hinchey asks that counsel confer with her associate about whether to wig-up for civil cases, while Judge Saccado says it’s entirely a matter for senior counsel as to whether wigs will be worn for criminal and/or civil trials. Judge Wischusen wants wigs worn for civil matter, but only on circuit.
On the basis of the preferences of the latest list, wigs are quietly making an exit from the County Court.
The Vic Supremes does not seem to have published a wigging list, so people are advised to check individual preferences, otherwise you might be like Bookshelves Brandis and turn up to a Federal Court swearing-in a a full-bottomed wig.
The poor showing of women briefs in the latest Yarraside silk stakes (two out of 19) has touched a raw nerve at bar HQ.
Two days after the appointments were announced new president Paul Anastassiou was out of the blocks with some soothing words:
“We are confident that women have a bright future within our profession.”
Law Institute president Katie Miller asked why only five Victorian female barristers applied for silk. Overall, the total number of applicants was 88.
Anastassiou explained that there is an “historically smaller number of women at the bar”.
In a pocket-moistening flourish the bar president added:
“The Victorian bar has complete confidence in the rigorous and widely consultative selection process for the appointment of senior counsel, led by the Honourable Chief Justice Warren AC, an exemplary role model for women in the profession.”
This was echoed nine days later by Earl Warren CJ herself at the ceremony “announcing SCs of and for the state of Victoria”:
“Your new ‘silk’, as we call them, has endured a very tough and rigorous process of peer review and supervisory assessment. Their performances as barristers have been inspected and scrutinised by many, many judges, barristers and lawyers. The new silk’s integrity and honesty have been closely scrutinised and any blemishes thoroughly investigated and understood.”
Next to come is the government paperwork to convert these SCs into the splendid new plumage of queen’s counsel.
Fingers are poised to change email addresses, website urls and bios the second letters patent roll off the Gestetner machine.
February 2 has been set aside for the quaint “silk bows” ceremony and banquet at the High Court.
You’ll remember the strife involving former Sunshine CJ Timbo Carmody over the Brett Peter Cowan appeal.
Cowan appealed his conviction for the murder of 13-year old Daniel Morecombe and the crown appealed the sentence. The appeal was heard in November 2014.
Margaret McMurdo and Hugh Fraser circulated their draft judgments in February 2015, but there was silence from the third member of the appeal court, Bluto Carmody.
On April 15, while the reasons were still reserved because the CJ was dragging the chain, Carmody met with child protection lobbyist Hetty Johnston, who had publicly expressed the view that Cowan should stay locked-up forever.
This set off volcanic eruptions that Carmody should step-aside for apprehended bias. Timbo insisted it was all nonsense, but on May 7 he withdrew from the Cowan appeal after a toxic spat with other members of the court. He went on sick leave.
Nearly six months after the appeal had been heard and three months after receiving draft reasons from the other judges, Carmody had not put pen to paper on the Cowan appeal.
Those were sorry times for Banana Benders, which can be relived in gory detail here and here.
Carmody offered his resignation on May 24 with various weird conditions attached, including a royal commission into the judiciary, and was gone from the job by July 1, although he remains a judge of the Supreme Court.
Occasionally, the former chief justice still sits on seriously mind-boggling appeals, such as whether a defamation case should be heard by a jury.
In Kencian & Anor v Watney, Philip Morrison wrote the judgment with which David Bodice and Bluto Carmody agreed.
However, Bluto wanted to make sure everyone knew that on this occasion he had not gummed-up the works and he carefully spelled out the dates. In its entirety his judgment read:
“This is an appeal, heard on 12 May 2015, against a decision of the District Court of Queensland dismissing an application for certain orders relating to the election, and procedure, for trial by jury under the Defamation Act 2005 (Qld) and other related legislation.
I have considered the reasons for judgment of Morrison JA, circulated on 21 October 2015. I agree with his Honour’s proposed orders, and reasons for decision at [23] – [28], and [53] – [55].”
Brilliant. After getting Morrison’s reasons it only took a week for Blutes to tick the “yes” box.
Still north of the Mason-Dixon line and I can report that I’m over-the-moon to have received Christmas greetings from former conveyancer-general and boy attorney, Jiving Jarrod Bleijie.
We’d not heard much from Jarrod since he was swept from office with the dregs of the Newman junta.
And what a magnificent message it is, with Jarrod in neckwear borrowed from Tony Abbott’s tie rack. There are some fetching touches that may catch on among the wider monarchist community.
He signs his message, “Yours faithfully”, as though it is a letter of demand and, intriguingly, his seasonal cheer is subject to copyright, “all rights reserved”.