Welcome to the September issue of Hearsay, its 97th edition.
It has been said many times before that the spirit of collegiality is part of what makes barristers so unique. Parsing the list of authors in this edition is another reminder of that spirit.
This edition contains pieces from barristers who are leaders in their respective fields, who you are as likely to see in superior courts as you are to pass in George Street and are nonetheless willing to volunteer pieces for Hearsay. If you are interested in learning about mediation, appearing in the High Court or the issues modern juries face, there are few better voices than the Honourable Martin Daubney KC, John McKenna KC or Jeff Hunter KC. Also in this edition, the Honourable Philip Morrison KC has hardly left his seat at the Court of Appeal, from which he recently retired, before agreeing to take another in interview with the Editor.
My term as President will have ended by the time of Hearsay’s next edition and so I would like record for a final time my sincere thanks to Richard Douglas KC and the whole of the Hearsay editorial team, who work tirelessly to write and source engaging material for each edition, and who are responsible for Hearsay’s reputation as the premier publication for Queensland barristers.
I hope you enjoy this edition of Hearsay.
Damien O’Brien KCPresident
Welcome to this 96th edition of Hearsay.
As winter closes in and we reach for jumpers, scarves and space heaters, a hearty serving of Hearsay is most welcome.
In this edition you will find plenty of relevant and interesting articles including pieces on the International Criminal Court to the Magistrates Court in Birdsville, and everywhere in between. The series of photographs of courthouses throughout Queensland is a stirring reminder that justice is dispensed throughout the State by dedicated practitioners who are committed to their communities, in some beautiful heritage-listed buildings. I am grateful to the Magistracy for giving their insight to Hearsay. I would like to join with the Editor in encouraging you to read the piece titled “Get Out There” authored by Gareth Beacham KC, Chair of the Association’s Bar Care Committee.
Hearsay relies on the generous contributions and expertise of the Queensland Bar, who undertake the time-consuming and resource intensive task of giving us their experience and their views. That is a task made easier by the Editorial team, spearheaded by Richard Douglas KC, who manages to source contributions throughout the profession and from the Bench.
I hope that you enjoy reading this edition of Hearsay.
Damien O’Brien KCPresident
Welcome to the first edition of Hearsay in 2024, our 95th edition.
It has been just over two weeks since the conclusion of the Association’s annual conference, held over the 1st and 2nd of March at the W Hotel in Brisbane. Over that time, 220 attendees heard from 27 speakers from the profession, judiciary, government and experts across a number of fields. Highlights included the keynote speech by Mr Steven Schliecher, the American lawyer who successfully prosecuted Derek Chauvin for the murder of George Floyd, and our final ethics ‘pub quiz’ session to close the conference. I would like to record my thanks to all those who presented, organised and attended the Conference. The efforts of the Annual Bar Conference Committee and the Association’s staff make the annual conference a standout event on the Association’s calendar, and I encourage all members to attend.
In this edition, you will find the Editor has taken a technological leap into the world of Artificial Intelligence, the feature article and ‘10 Minutes With’ section both addressing the topic. This is not a case of the Editor outsourcing to the technology designed to elevate or replace us all, but an in-depth examination of the benefits and detractions that AI might provide to barristers. I encourage you to read both pieces, if only to parse the transcript of Douglas KC challenging Chat GPT, and drawing out the AI’s weaknesses in order to trap it in a ‘hallucination’.
My thanks as always to the Editorial Team for their many unseen hours producing this and every edition, as well as to the members of the Bar who have contributed articles, their time and expertise.
I hope you enjoy reading this edition of Hearsay.
Welcome to this 94th issue of Hearsay, the final edition of Hearsay in 2023.
Reflecting on this time of year, and the feature artwork in this edition, Jeffrey Smart’s Bus Terminus (1973), now might be the ideal time for many of us to ‘park the bus’ and enjoy a break over summer. While there is still important work to be done over the break, and tireless practitioners to do it, I hope that you all get the opportunity to take a moment to relax with family and friends, and swap the sound of the Outlook bell for the ticking of an outdoor fan overhead, a table of good food and drink, or the scratching of cricket spikes on a turf wicket.
The events of the year just gone are enough to fill even the most ludicrously capacious bag, as is this edition of Hearsay, the fourth of the year. I would like to encourage you to view the video of the Ceremonial Sitting of the High Court marking the retirement of the Honourable Susan Kiefel AC KC. The Queensland Bar also had the distinct honour of hosting the former Chief Justice at a dinner in her honour in one of her final engagements in that role. You will find copies of speeches made by the former Chief Justice and myself on that occasion in our feature article.
In this edition you will also find the usual wide variety of contributions from across the legal sphere, on law, arts and culture. My thanks, as always, to the Editorial team led by Richard Douglas KC for their ceaseless efforts in producing Hearsay, and to the ever-growing lists of authors contributing works.
I hope that you enjoy this edition of Hearsay, and that you have a safe and happy Christmas and New Year. I wish you all the best for the end of 2023 and for what comes in 2024.
Welcome to the 93rd issue of Hearsay, the third edition of this calendar year.
Having read this edition’s ‘10 minutes with…the Honourable Justice Martin Burns’, Hearsay’s founding editor, I am reminded of the original intention behind Hearsay as a “virtual common room” for discussion amongst the Bar as the number of chamber groups grew and the Bar expanded beyond the CBD. That aim was set out in 2005, at a time when ‘The Facebook’ was only available for students of select universities, and is yet another example of the Bar’s aptitude for innovation.
Hearsay is a unique expression of the collegiate nature of the Bar, by which members can demonstrate their expertise in the law, give guidance to fellow practitioners, or share their passion for a particular topic. We are fortunate that the Bench also actively participates in Hearsay, and I am particularly enthused that, in this issue, his Honour Judge Ken Barlow KC, has given us his views in response to Richard Douglas KC’s article on ‘Witness Training’ published in Issue 92. Richard continues his prolific authorship in this issue, though the account of his venture to the ‘Archie 100’ exhibit on the Gold Coast, while a great read, is less likely to attract judicial response.
As always, my thanks go to the Editor, Richard Douglas KC, and his deputy editors, who have secured the work of an impressive list of authors from the Bar and elsewhere, this issue including speeches prepared by the Lord Chief Justice of England and Wales, the Right Honourable Lord Ian Burnett of Maldon, and Senior Judge on the US District Court for the District of Massachusetts, His Honour Judge Michael Ponsor.
I hope you enjoy reading this edition of Hearsay.
Damien O’Brien KCPresident
It is my pleasure to introduce this 92nd edition of Hearsay, and to mark the conclusion of another Financial Year.
This being a busy time of year for all of us, the Hearsay team has worked doubly hard to put together another impressive edition, containing more than 80 articles. My thanks to the editor, Richard Douglas KC, his deputy editors and the many contributors to this edition, which include members of the judiciary, senior and junior counsel, as well as authors from the Australian Financial Review and the State Library. In this edition, you will find discussion of issues across a broad range of practice areas, historical accounts, reviews and humour.
I encourage you to read each of the articles presented in this edition, but in particular I would like to draw your attention to the excellent and comprehensive article ‘Witness Training – Ethical Preparation or Unethical Coaching’ by Richard Douglas KC (and because he will not recommend it himself), which examines the intertwined issues of witness familiarisation and witness coaching.
Please enjoy reading this edition of Hearsay.
Damien O’Brien KCPresident
I am pleased to present this 91st edition of Hearsay, and write to you in the weeks following another successful Annual Conference, held on 3 and 4 March 2023 at the W Hotel in Brisbane. The conference was a fantastic weekend, attended by more than 250 delegates, and a great opportunity for the judiciary, members of State and Federal Government and experienced members of counsel to give their perspective on the legal profession and matters of interest to the Bar.
While the Association continues to attract preeminent speakers to the Annual Conference, it is a particular point of pride that the Association is able to call on leaders of the profession from within its own membership to deliver excellent presentations. I am grateful to all who presented at the Annual Conference, and to the organising members of the Annual Bar Conference Committee.
Patrick Keane AC KC’s keynote speech from the Annual Conference recapping his 50 years in law is reproduced in this edition, as well as a number of photographs of the event. You will also hear from the Rockhampton Bar, and the unique aspects of practice that come from Central Queensland amongst the other fascinating articles.
I am thankful to the Editor, Richard Douglas KC, and his deputy editors for assembling a varied and accomplished list of authors in this edition.
Please enjoy reading this edition of Hearsay.
Welcome to this 90th edition of Hearsay, my first as President of the Bar Association and the last for this year.
Since our September edition, we have seen the return of the annual Bar Dinner, which was delayed for the past two years due to the pandemic. The absence of the Bar Dinner in previous years was a sore reminder of the value of collegiality amongst the profession, and its resumption was welcomed and well-attended. One of the great traditions of the Bar Dinner is the toast to the judiciary and response from one of the eminent members of the court. This year, the toast was delivered by Mr Damien Atkinson OAM KC and responded to by the Honourable Justice Glenn Martin AM. A copy of Damien’s speech is contained in this edition, along with a batch of terrific photographs of the event.
Our feature article is a family tribute to the late Sir Francis Gerard Brennan AC KBE GBS penned by his daughter, Madeline Brennan KC. Sir Gerard is not unfamiliar to the Bar as a former Chief Justice of Australia, and many will remember appearing before him, or even alongside him. Madeline’s tribute shows her father in full colour, a touching family perspective of one of the most important figures in Australian legal history.
This being the first edition since the passing of Her Majesty Queen Elizabeth II, and now we are accustomed to the title of King’s Counsel, we are grateful to reproduce an advice prepared by the now Honourable Justice Steward of the High Court and Mr Edward Gisonda of the Victorian Bar, which contains interesting commentary about letters patent and how post-nominal titles have historically applied to barristers.
This being the beginning of my term as President, I would like to express my thanks to my predecessor, Tom Sullivan KC, for his service to the Association and his dedication as President.
I hope that you enjoy reading this edition of Hearsay, and that you have a safe and enjoyable Christmas and New Year. I leave you with my best wishes for the end of 2022 and for all of 2023.
Over 300 members of the Bar and Judiciary descended on Cloudland in the Valley on 26 July 2019 for the Annual Queensland Bar Dinner.
With a new venue and a record number in attendance, expectations for a fun night were high. No one was to be disappointed.
Highlights of the night were many.
The tribute to those barristers who have been practising for over 50 years (Marshall Cooke RFD QC, John Gallagher QC, Lister Harrison QC, Ian Hanger AM QC) was noteworthy. The life stories of these four outstanding gentlemen were told by some of our most junior members. They reminded us of their successful careers at the Bar and how they have given back to the profession and the community over so many years.
The toast to the Judiciary and the response were very entertaining. Saul Holt QC gave a witty and self-deprecating critique of life at the Bar and the joys and sorrows of appearing before the brightest minds on the Bench. Justice Crow’s response on behalf of the Judiciary included an array of hilarious Central Queensland insights and a reminder of the importance of the symbiotic relationship between the Bar and the Bench.
The photo booth was also a success (thanks to the Women Lawyers Association’s generous donation). An illicit trade of photos has been occurring ever since.
Photos taken on the night by the official photographer can be accessed here.
After the formalities concluded, the rest of the night was spent catching up with old friends and making new acquaintances. For many the night continued well into the early morning at the Cloudland bar (the last leaving at 4.00am when the bar closed).
There is no doubt that the night was a spectacular success. Many have suggested it was the best in living memory (I certainly concur).
That the night was such a success was no accident. Thanks must go to the President, Rebecca Treston QC, other members of the Bar Council, Ms Kelsey Rissman, Chief Executive of the Bar Association and the staff of the Association, for their significant work in organising the night.
Here’s to next year being an even bigger success.
Damien O’Brien QC
