Dewigging transcript … An uplifting piece of transcript from May 24 is doing the rounds of Vic’s Bar n’ Grill … Justice Kevin Bell gets serious about wigs’ policy … Turning up wearing a wig is an insult to Earl Warren CJ … Briefs grovel and remove their hairpieces … Wig protocol a matter of law … Judge expresses his profound disappointment
HIS HONOUR: Please call the matter for trial.
MR MIGHELL: If Your Honour pleases I appear with Mr Chancellor on behalf of the plaintiff.
HIS HONOUR: I won’t be taking your appearance, Mr Mighell, I’ll be raising the reason why in a moment. You can sit down if you don’t mind.
MR MIGHELL: Your Honour, if it’s – – –
HIS HONOUR: I beg your pardon, Mr Mighell, just sit down I’ll speak to the others. Who is here for the defendants?
MR SCANLON: If Your Honour pleases, I appear for the first named defendant with my learned friend Mr Clarke.
HIS HONOUR: Yes, I won’t be taking your appearance either, Mr Scanlon.
MR SCANLON: If Your Honour pleases.
HIS HONOUR: You can sit down.
MS MAGEE: Your Honour, I appear on behalf of the second named defendant with Mr Hamilton.
HIS HONOUR: Ms Magee, I won’t be taking your appearance either, I’ll explain why.
MS MAGEE: Yes, Your Honour.
HIS HONOUR: Mr Mighell, the Chief Justice – if you would please stand – the Chief Justice has directed that judges of this court are not to wig unless the circumstances are exceptional. You are not showing, and neither are your colleagues, showing the respect that I expect of the Chief Justice from you and I want to record my profound disappointment that one, two, three, four, five members of this Bar table have wigs on, though I applaud the strength of character of your junior who does not.
MR MIGHELL: Your Honour, we – I think I speak on behalf of all of the members of the Bar table – we mean Your Honour no disrespect in wearing wigs and we will remove our wigs.
HIS HONOUR: Well I want to make it clear to you that it’s not a question of respect for me, though I do feel disrespected. Whether you intend that disrespect or not, and I accept the fact that you do not intend it and that you are wearing wigs by reason of principle, but I experience disrespect. But the more important question is how this treats the Chief Justice, not only of this court, but this State.
MR MIGHELL: Yes, Your Honour.
HIS HONOUR: She is the constitutional chief of the judicial system of Victoria and has directed that judges not wear wigs, and you five stand there wearing wigs, it’s untenable. Now the course I will adopt in this case, and the course I will adopt in every case where this happens, is to ask for an explanation. I won’t ask that of you, Mr Mighell, because you’ve already indicated that the wigs will be taken off at my request, and I so request. I’ll give you time to do that in a moment. They will need to be put away as well; I don’t want them to be seen by the jury at all.
MR MIGHELL: We understand that, Your Honour.
HIS HONOUR: But I make it absolutely clear that if this happens again and there is resistance to a request then I will hear counsel as to why it is that I ought not to direct as a matter of law that the wigs be taken off and I will so rule.
MR MIGHELL: Yes, Your Honour.
HIS HONOUR: I make it absolutely clear to you and to the rest of the Common Law Bar that I am of the preliminary view that I have the power to direct that wigs not be worn because the judge controls matters of practice and procedure in this court, but that’s a preliminary view and I will hear counsel in relation to that matter. Now in order that I can come back and commence this case in a judicial manner I will go off the Bench and come back shortly whereupon I will take the appearances.
MR MIGHELL: If Your Honour pleases.
(Short adjournment.)
HIS HONOUR: Please recall the matter for hearing. I’ll take the appearances.
MR MIGHELL: If Your Honour pleases. I appear with Mr Chancellor for the plaintiff.
HIS HONOUR: Mr Mighell.
MR SCANLON: If Your Honour pleases. I appear with my learned friend, Mr Clarke, on behalf of the – – –
HIS HONOUR: Thank you, Mr Scanlon.
MR SCANLON: – – – first named defendant.
MS MAGEE: If Your Honour pleases. I appear with Mr Hamilton for the second named defendant.
HIS HONOUR: Ms Magee. Thank you. Mr Mighell, where are we at?
MR MIGHELL: Your Honour, there’s going to be an application by the second defendant, or by us, to amend the name of the second defendant, which will be done by consent.
HIS HONOUR: Yes.
MR MIGHELL: So instead of, “Amcor Flexibles Group Pty Ltd” it becomes – excuse me for one moment – “Amcor Flexibles (Australia) Pty Ltd.”
HIS HONOUR: There being – that happening by consent I will grant that leave.
MR MIGHELL: Your Honour, we would like some time as we understand that the jury panel, I don’t think, is – – –
HIS HONOUR: No.
MR MIGHELL: – – – presenting itself to the court until midday.
HIS HONOUR: No, it’s not. I’ve directed that the jury not be presented before 12 o’clock and I’m prepared to give counsel what reasonable time they need in order to engage in discussions.
MR MIGHELL: Thank you, Your Honour.
HIS HONOUR: Would it be suitable simply for me to go off the Bench and you can indicate when you want me to come back?
MR MIGHELL: Yes. I – – –
HIS HONOUR: Yes. I’ll be in chambers.
MR MIGHELL: – – – as long as that’s not of inconvenience to Your Honour.
HIS HONOUR: No. It’s not. No. I’m working on a judgment and it’s – – –
MR MIGHELL: We – it’s only an hour and a quarter. We think we could use that time, Your Honour.
HIS HONOUR: Yes. Thank you. Well, I’ll simply go off the Bench and allow counsel the time that they’ve requested.
MR MIGHELL: Thank you, Your Honour.
(Short adjournment.)
Here’s the notice to the profession about wearing wigs in the common law division of Vic Supremes