Family Law in the Northern Rivers

I practised almost solely in Family Law while a member of the Queensland Bar.

I was first admitted in 1975, a big year in Family Law. Such law was then new federal law and consequently its Registries did not recognise State borders. Brisbane Registry was responsible for northern New South Wales, at least that part of it east of the Great Dividing Range.

I first accepted a brief in Lismore in 1978. The Family Court, then, still, did not have a registry in Lismore and judges visited regularly from Brisbane.

Initially the court facilities in Lismore were primitive. The court sat in a very small courtroom in the old colonial court building in Zadoc Street. I recall the first judge I appeared before was the legendary Justice Graham Bell, who subsequently told me he enjoyed travelling to Lismore and enjoyed the social life with the Lismore practitioners.

All the Brisbane judges were rostered to the Lismore Circuit. I recall appearing, usually against Frank Wilkie before Senior Justice Simpson or Justice Bell, and, in ensuing years, before Justices Lambert, Lindenmayer, Bulley, Elliott, Buckley, and May. Very occasionally a Judge from Sydney, Parramatta, Melbourne and Launceston would help out, particularly in the winter months. Justice Bell, by far, was the most frequent circuit judge.

Each circuit involved a circuit dinner with practitioners and visiting barristers, the Judge and his Associate and staff. It was all very democratic.

I recall court would start early on Thursday if the judge enjoyed cricket, so that we could all adjourn to a cricket ground and enjoy a late afternoon game of cricket and drinks with the local practitioners.

After a few years the court established its own premises in Carrington Street. Counsel and instructing solicitors could join with family consultants and court staff for morning tea in the tea room, and we all contributed to the cost of biscuits. In Carrington Street the Judge had pleasant chambers and the court room was a reasonable size. We also enjoyed the luxury of interview rooms so that instructions could be taken and conferences held in confidence.

Counsel almost invariably travelled  from Brisbane. There was a small local bar but they practised predominantly in crime and common law. Occasionally there would be a sortie into the Family Court.

I apologise to anybody whose name is not mentioned. I recall Frank Wilkie – who later became a Senior Registrar in the Family Court –  appearing regularly against me. We used to travel together from Brisbane and we always stayed in the same motel. Other practitioners I remember Tony George, Bill Westbrook, Hugh Botting (later Judge Botting of the Queensland District Court) and Anne Forbes.

The court sat regularly in Lismore. Initially it would every six weeks for one week and there was a period when it would sit for two weeks so that longer matters could be accommodated in the one sitting.

The court next established its Registry and Court Room in Molesworth Street on the corner of Woodlark Street, in what was a new building erected on the site of the Ryan Hotel. Many of us regretted the site transition from the Ryan Hotel to the Family Court premises.

The new premises were palatial compared to Carrington Street. The Judge had a private entry and a lift from the car park. The court room was circular and well furnished, and the registry premises accommodated two or three counsellors and the registry staff. There was a separate room for the deputy registrars to conduct conferences and there was a practitioners’ room.

The local Family Law Practitioners Association equipped the practitioners’ room with a copy machine and a coffee facility.

Nowadays there is a Family Law bar in Lismore and a Senior Judicial Registrar is based there permanently. Thus,  there is now less work for Counsel from Brisbane, but some still are briefed.

It was an interesting era to practise in the Northern Rivers because Family Law counsel were also briefed to appear in the local courts in northern NSW and in the Family Court in Coffs Harbour.

The Northern Rivers region from Tweed Heads to Coffs Harbour is a thriving growing area and continues to provide opportunities for counsel from Brisbane and the Gold Coast.

Unfortunately, we no longer play cricket in Lismore and the congenial circuit dinners don’t happen as often. The memories are precious.