A Barrister’s Life in Rockhampton

Rockhampton, as we all know, is a moderately large provincial town which sits almost on the Tropic of Capricorn and right on top of the Fitzroy River.

Although it sits well within the tropics it is not so well serviced with rain as are other centres which sit closer to the equator. It is that absence of rain together with summer temperatures shared by other tropical centres that receive more rain which gives Rockhampton its most negative and largely undeserved reputation; an inclement – if not fiercely uncomfortable – summer climate.  

Although there is some basis for this poor reputation, the fact of the matter is that the average maximum summer temperatures are not much more than those in Brisbane. Secondly, our summers just aren’t that humid compared to the far more northern centres and, quite often, Brisbane itself. And lastly, the weather between, at the latest Anzac Day, and, at the earliest, mid -October is without reproach and more than compensates for the long and sometimes arduous summer.  

Rockhampton, as you may not know, was for a very long time Queensland’s second city, a centre of significant commercial activity based on a rich cache of mineral wealth at Mount Morgan and primary industry to the near and far west. I recall reading that at some point in the history of Queensland, in dollar terms, more was exported from the State via the Fitzroy River than from the Brisbane River.  This is no longer the case. It is now difficult to envisage the Fitzroy River (with a catchment the size of Victoria) as a bustling port. The only reminder of those days now gone is a heritage listed Customs House that is no less grand and imposing than that which sits on the Brisbane River. It is indeed this legacy and what was once a probably tyrannical distance from Brisbane, that gives Rockhampton its greatest asset in the practise of the law in a regional centre; a resident Supreme Court Judge.

So, apart from some marginally greater thermal discomfort between November and mid-March, what makes the practice of law for a barrister different in Rockhampton to say Brisbane or even Townsville or Cairns?   

The most obvious is the small number of practitioners. I commenced practise in Rockhampton 17 years ago, as a solicitor. What struck me about the practice of the law in this place was, not surprisingly, the limited number of practitioners and the necessity of having to deal with the same people over and over again on a daily basis. This meant negotiations were conducted in what appeared to be a far more conciliatory and even convivial manner than those conducted in Brisbane where, it appeared to me, a brusque tone and omnipresent posturing (often without good cause) was the accepted means of going about one’s business — at least in the late 1980’s.

In a smaller and more close knit legal community you are impelled to an earlier reasonableness for you must, and the operative word is must, deal with your opponent on an almost daily basis for a long time into the future. Rockhampton’s practitioners, long before the advent of mediation and other forms of alternative dispute resolution, had a significant reputation for meaningful settlement outside the courts. That reputation is still well deserved.  

The second and most important of the aspects of regional practice which must be discussed in the context of Rockhampton is the local courts. Rockhampton has its own resident Supreme Court Judge. He is called the Central Judge. At the moment His Honour Justice McMeekin sits here.

Rockhampton has a resident District Court Judge. At the moment this is Judge Britton SC.  

Both their Honours practised as counsel in Rockhampton for an extended period of time prior to taking up their positions on the bench. Both have been sitting on the local benches for some time. In the case of Judge Britton for 10 years and, in the case of Justice McMeekin, 18 months. This means that in most if not all matters one knows exactly who the presiding judicial officer will be when a matter comes to hearing. This certainty is something, one assumes, that is never available to Counsel in Brisbane. Here one can know, with at least some accuracy, what may be the judge’s attitude to the various issues that are to be litigated before them. This is a boon. It is a benefit to your client. It can make professional life just a little easier. But, as with any fact, matter or circumstances, there is a down side. First, your opponent also has that certainty (except maybe when they come from Brisbane or some other centres; a circumstance savoured by local counsel). Secondly, it may lead to the possibility of some complacency but, “knowing your Judge” is not something sprung upon you on the day of hearing. It sits with you throughout the preparation of any of the matters which are in your charge.

There are significant practical differences in the applications jurisdiction. Applications are listed in both the District and Supreme Courts on only one day a month. This again has its “pros” and “cons”. On the downside one must take aim, as it were, when considering all necessary steps for the purposes of bringing applications in relation to procedural matters. It is not good for your client to miss an applications day particularly if matters are urgent or require immediate attention. Further, on applications day, it can be very busy one for counsel with practises in either court. It is not unknown, and indeed is common, for locals to have up to five or six matters listed for that one day of the month. This, one assumes, is an impossibility in Brisbane. Not so, in Rockhampton. A busy applications day provides a lesson in strict organization and an ability to go from one matter to the next in quick succession. It must be noted here, however, that applications listed on one day a month has never been an impediment to timely justice when it is required. Any day in any civil or criminal sittings is fair game for an applicant wishing to have a matter heard –  a telephone call to the registrar is all that has ever been needed.

The other reason for added care on any applications day is the variety of work which presents itself in regional practice. This variety is an overwhelmingly significant part of practice in the regions. One is struck by the degree to which reputations and practices amongst counsel in Brisbane are built upon specialization in one particular area. This is not necessarily the case in a regional practice. One is compelled to be competent (or at least strive to be competent) in many varied areas. There is no counsel in my chambers of four who has any criminal practice at present to speak of but all have conducted more than a handful of criminal trials before a jury both as defence and prosecution counsel. One assumes we are all better advocates for the experience. It is a reality of practice in a regional centre that, except for maybe a few, one can be appearing as an advocate in the Federal Magistrates Court in a family matter on one day, on an application for summary judgment in the Supreme Court on a commercial matter coupled with an application under the Judicial Review Act on the next day followed the day after by a settlement conference in a personal injuries action. Quite often one can get the feeling that your expertise is spread thin. However, conquering the challenge more than compensates.

The last issue to speak of is indeed the other 80% of one’s life that sits outside your professional activity. Lifestyle in a regional centre must be given a big tick. Rockhampton does not have the social pulse of Brisbane or indeed Townsville or Cairns. It is more akin to a slower moving, less sophisticated Queensland – a mood and pace of life which once pervaded the whole State. On the other hand, the balance between lifestyle and busy practice is something that we would like to think is more easily achieved in a town like Rockhampton. In Rockhampton you are 5 minutes from the proverbial ‘anywhere’. Dropping kids at school on the way to work is the rule rather than the exception. Traffic gridlock (apart from 2 — 5 minutes at exactly 5.30 pm everyday on the Fitzroy River bridge) is virtually unknown.

It is with some amusement that one sees the panic on the face of visiting practitioners when they look at their watches anxious about the amount of time that it will take to reach the airport from the city centre. The prospect of this little journey for those of us who reside here presents no opportunity for anxiety at all. It is, indeed, probably less than the proverbial 5 minutes. This leads one to what has become for a centre like Rockhampton a godsend; cheap airfares. A keen eye on the internet and a little planning means that anyone with a reasonable income can enjoy a quick trip to Brisbane where to one’s dismay a taxi fare between the airport and the city centre can be at least as much as or more than the airfare from Rockhampton to Brisbane.  

In short, regional practice offers most of us a challenging and distinctive road for the course of our careers. When all is considered it is probably not much different from practice any place else — we just have our air-conditioners on a little more.

Tony Arnold