Page 6 - Luce 2018

T he I nterview T he I nterview

were important reasons why we ought to to happen. They were strongly opposed I particularly enjoy the opportunity to
publish all of our judgements. I was also – almost everybody else was in favour, sit in on courses. I’ve been involved in
very concerned about transparency. We and I look back and think it was such an private international law as a Hague
gained funding and set up a publications opportunity missed. In between times Network Judge for Australia for the last

office and decided to publish everything. we tried to have a joint administration ten years and I’m currently chairing the
We anonymised the cases – giving them but it was difficult and there was a working group for the Hague Bureau
names, not just initials which are too lot of ill feeling that arose at the time which has responsibility for overseeing
hard to remember (same initials, but institutionally. the operation of all of the private
fictitious names). It meant a cultural international law conventions.
change for the judges because, I’m not The present proposal is to have one I’ve done three Masters Intensives and
saying that they were sloppy in their court with two divisions. That’s really sat in on the public international law
judgements, but they were now going uncontroversial. But the controversial and I’m going to do another one. I really
to be scrutinised by everybody. I was part of that is that the Attorney General enjoy getting to know the presenters and
hopeful that the newspapers would has said that the government does not also the students.
publish them and they do a bit, and for propose to replace judges who retire
the most part it’s accurate reporting. It from the superior division. So, in other SR Maybe looking inside or outside
needed to be done and it’s probably the words, that will ultimately abolish the professional sphere, can you tell us
most important thing that I did. No one the Family Court, effectively abolish about anyone who really has inspired
could any longer criticise the Court for a specialist court. You can’t abolish you in your life?
not being transparent in its decisions. a court while there are judges with a
commission, so it will be done as a DB That’s quite difficult because
The other thing that I think is quite process of attrition. there probably isn’t any one person
important – it hasn’t come to fruition yet but there are a number of people … I
but I believe it will – is that in 2012 I set The Attorney has proposed removing always thought about Elizabeth Evatt,
Director of Development Shelley Roberts talks law with Diana Bryant up a Children’s Committee. the section that specifies a requirement especially when I had to start a new
They got the legislation through the applicants for various positions – to are things that I wish I had achieved for specialisation. That’s concerning court, and Mary Gaudron because I
remarkably quickly, within about work with the Department to interview that I didn’t achieve and that’s what I’m Children’s views are before the court everybody as several recent enquiries always admired the way she doggedly
three months and then advertised for for a CEO, a Principal Registrar, the inclined to focus on. Certainly, though, from family, reporters, expert witnesses have consistently reported that the supported women. I have been inspired
a Chief Federal Magistrate. I thought other staff and then, of course, we setting up the Federal Magistrate’s Court and children’s representatives, but I stakeholders want judges doing this by some of the other Chief Justices along
momentarily about it and decided I had to interview for sixteen Federal obviously was a huge achievement for felt that maybe the children themselves work to be better trained – not less the way that I’ve got to know at the
was not interested in it. But the night Magistrates. We travelled all over the me and I guess, because you move didn’t feel sufficiently connected with trained – that they need more experience Council of Chief Justices.
before the closing day for applications, country doing this. on after four years, it’s all good – you the proceedings and actually feel that and training in all of the areas that go
I went to my pigeon hole in my clerk’s haven’t out-stayed your welcome! they were being heard. It has taken along with making decisions about SR And for the final, predictable
office and found some material that Once I had the CEO on board we started Of course I was much longer in the a long time; it’s hard to get research children. question…If you had to give advice to
the Women Barristers’ Association had working with the other courts to sort Family Court, and there are some done into how children who have been your young self at JCH back in 1967
placed there with a view to encouraging out how we were operationally going things we did that I thought were through the process actually felt, but it The other thing that’s concerning what would you say to her?
women to apply. I went home and to make this work – because we didn’t really important. One of them was has started and is beginning to have a everybody is that there is a proposal
thought about it in more detail, and have any of our own infrastructure, there completely my initiative, resulting from bit of an impact. The Institute of Family to give all the appeal work to the DB You’ve got to have the fundamentals
decided that it might be an interesting was a lot to be done. I had a pretty clear the Australia-wide consultation we did Studies finally gained funding and Federal Court which has no family law if you want to succeed. You’ve got to
challenge and that I probably had the idea of what we should be doing that the when we set up the Federal Magistrates they’re currently doing more research. experience. Again, that’s an issue of be a hard worker – and it’s important
necessary skills and experience to bring Family Court wasn’t doing: we wanted Court. The Family Court at that time There’s no doubt it’s a long-term project, specialisation and of some concern. that other people know that you’re a
to the role so I decided to apply. Even to create a quicker, cheaper, simpler did not publish anything much except but I am pleased that I got it started, that There’s a lot of jurisprudence built up hard worker and that you do your job
then I was slow in actually getting my process that was less bureaucratic and the jurisprudentially important cases, the Committee is keeping up with its over 40 years, so it’s difficult to know well. You must aim to identify what you
application completed , and before I had drawn-out. And that wasn’t too hard to and lawyers were constantly advocating work and I’ll be really interested to see how judges who have never done this don’t do so well and strive to improve
done so the following day, I received a devise, working with people who had for the need for published cases about how they keep it going. work will decide future cases. Those two in those areas. I think, too, that taking
call from the Attorney-General’s office the same ethos. Right from the start, we practice and procedure and everyday changes are quite significant. opportunities is really important, even
asking me to become a member of the appointed people who were genuinely cases – and it was completely lacking. SR Soon after your retirement, early in if that means taking on work that is a
selection panel; I think that decided hard workers, passionate about their 2018, the Attorney General announced SR Back to your current involvement... bit out of your comfort zone or a bit
me that I might have some chance of work with a ‘can do’, innovative attitude. I had already formed a strong view that the Family Court would be Tell us please about Judge in Residence different.
being appointed! It’s due to the women They really did set the culture for the that there were some quite significant merged with the Federal Court with at Melbourne Law School and what that
barristers that I am where I am today! Court. There’s no doubt it still has a ramifications of not publishing. The appeals to be heard by a new division. entails. I mean, taking a position as Chief
I often give advice to young lawyers, culture of being a very hard-working first was that media, politicians and I understand you wanted that earlier. Federal Magistrate was risky for me.
whatever happens to you in life… of Court and I’m really proud of that. people generally could criticise the What are your thoughts now about DB It’s a wonderful opportunity to Nobody knew what would happen – it
course you have to work hard, but luck Family Court easily and you were this? contribute whenever I can to the life could have gone horribly wrong, lasted
plays a big part in all of it as well! SR You were appointed Chief Justice unable to respond because Section of the University. I mentor students twelve months and been disbanded!
of the Family Court in 2004 and 121 of the Act prohibits publication of DB There are a number of different interested in family law and I’ve given I guess I’d say, take risks and try to be
SR So you were Chief Federal retired in October 2017. Of all that proceedings which identify anyone, aspects to what is being proposed. But some lectures – not in family law confident in your own abilities. I also
Magistrate then for four years? you’ve achieved in this amazing career, so we couldn’t do anything with the with regard to the merging of the Court, interestingly enough – but a public law think it’s very important to enjoy what
are there any highlights that remain written judgements. The second thing almost everybody agrees that should course on separation of powers. People you do; to do family law you need to
DB Yes, and of course the opportunity especially meaningful to you… or is was that I was conscious of comparisons happen. In 2009 the then Attorney send me family law articles to peer be interested in people, in the human
to set up a new court is really that an impossible question? between courts and the work they do General had a review carried out and review; I have a wide interest in different condition. If that’s not your thing, then
extraordinary. Only Elizabeth Evatt did – rightly as it turned out. The Federal the review recommended that the areas of law, and family law itself is look elsewhere.
that before me. The other thing I had to DB It is a bit of a difficult question, there Court publishes all their judgements and courts be merged into two divisions. a discipline with vast areas including
do at that early stage was to help choose are so many different things…There I thought that as a superior court there The Federal Circuit Court didn’t want it trusts, companies, contracts, all sorts of
things apart from parenting.
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