Valedictory Ceremony for His Honour Judge Pack

Address from His Honour Judge Pack

As I look around the courtroom this morning I see many friends who are both from within and without the profession. Many of you have been quite important to me throughout the entirety of my legal career. Some of you have been known to me for a long time; some for lesser periods; and some hardly know me at all or do not know me. Particularly to those in the latter category, thank you for your attendance. It demonstrates in a tangible way your respect for the Court.

That so many judicial officers are present reaffirms for me the importance of our society and the Court system. I acknowledge the presence of Supreme Court Judge Cullinane and Justice Monteith and Federal Magistrate Coker, and my brother Judges, Acting Chief Judge and Judge Administrator O’Brien, Judges Wall, Durward and Harrison, and my friends from the Magistracy who, as we know, are now honoured and not worshipped.

I’m conscious that many persons within our community have served the community with distinction in other disciplines extremely well are not farewelled with such ceremony on such a grand scale. As has been said, I’ve either been here as an articled clerk, a Crown Prosecutor’s clerk, a barrister or a Judge now for over 40 years. That qualifies me, I believe, to say something about my recollections.

The legal historians among you will know that the District Court was established originally in 1866, then abolished in 1921 and re-established in 1958. The first District Court Judge who sat in Townsville after the re-establishment was Judge Cormack who served here for some 12 and a half years until retirement in 1972. He was followed by Judge Finn, who was mentioned, who commenced 10 years’ service a little before Judge Cormack retired. He was later joined five years later by Judge Hangar who remained here until 1983. He had been joined before that by Judge Ambrose, and later joined by Judge Trafford-Walker, Judge Hall and Judge Wylie.

For the period in the late 1980’s and early 1990’s, there were three Judges serving in Townsville. They were Judge Wylie, Judge Hall and Judge Trafford-Walker. Then followed Judge O’Brien and later Judge Wall who served here for some 10 years between 1996 and 2005. And as you are aware, I was joined by Judge Durward in the following year, 2006.

I recall that when I was a clerk to Vince Finn, then the northern Crown Prosecutor, we were before Judge Cormack on many occasions. He was a wonderful man of a kindly disposition and a gentleman in every sense of the word. He had a great ability to get to the point in issue and to simplify the task for juries. I aimed at emulating his conciseness of expression.

As you’ve heard this morning, Judge Finn was my great friend and mentor. He was extremely popular. He had seen war service and was a tireless worker for the community and found time to enjoy life to the full. The late Sir George Kneipp was also a mentor and a friend. All who appeared before him or had observed his advocacy skills were richer for that experience.

I, to this day, recall appearing with the late Dan Casey and, of course, observing the silver tongued Pat Shanahan appear many, many times. Experiences of that kind of course, assisted me greatly at the Bar.

I had an association with the old courthouse on Cleveland Terrace as an articled clerk for a short period before spending some years working and practising there. It was poor acoustically and not air-conditioned. Nonetheless, it was a place I recall with affection. Many in Court today would share my sadness at its neglect and subsequent destruction by fire.

Other than Judge Cormack, I appeared against or before all the Judges that I have mentioned. There are only a few of us left who have that experience. Perhaps that is one of the few privileges of antiquity.

I am particularly pleased that our Acting Chief Judge and Judge Administrator, Judge O’Brien has been able to attend this morning. As you know, he has had a long association with Townsville and is well-known to many of you originally as a Crown Prosecutor and later a Judge.

I am also particularly pleased that Judge Wall, who served with me in Townsville for the majority of my judicial service, has been able to join us this morning. At that time, journalists always seemed to prefer giving the front page prominence of their reporting of trials over which he presided, whilst the reporting of mine seemed to be consigned to latter pages.

I am, of course, delighted that Judge Durward and Judge Harrison from Cairns have been able to be present. Each of them will be working later this morning. I anticipate having a relaxing morning.

There are some of you who have been kind enough to seek to persuade me to remain in office for a longer period. No doubt there are others who have a contrary view but have been kind enough not to express it.

There is a larger audience here this morning. It may be suggested numerically the attendance is somewhat larger than at my swearing-in. Mr Baulch, senior counsel, has been known to invite adverse inferences against the Judge being farewelled in such circumstances. Let me assure Mr Baulch, and others, that there is a defence available, as always. Any increased attendance here today compared to my swearing-in in 1997 is readily explained by the growth of Townsville, by the growth of both branches of the profession during the 12 and a half years I’ve been on the Bench.

When Wendy told me she intended ceasing practice, I then also decided to retire. In my early years at the Bar, I was very frequently out of town, leaving Wendy to care for our then young family. Throughout my career, Wendy’s support has been unwavering and I thank her for it. As has been noted, her own achievements are well-known to you. My sons — Rowan has been admitted to practise in this Court, Steven is now the manager of Monsoons Bar and Grill in Flinders Street, and Andrew, our youngest son who lives in London — have grown up in a household dominated by the law.

One cannot leave a long career without mixed emotions. It occurred to me when driving to Bowen on circuit recently that I’d been attending that Court for more than 40 years in one capacity or another. The sentiment extends, of course, to the Courts in the northern district, at Hughenden, Charters Towers and Cairns, as well as Mackay. I’ve always enjoyed my circuits. Whilst I will miss the Court and regular contact I have with everyone in the Court system, 40 years plus seems enough and I leave with my health apparently good enough to permit the indulgence of pursuing other recreational interests.

When I was sworn in by the then Chief Judge, Judge Shanahan, who has delighted and surprised me by his presence today, he told me in clear terms that such popularity as I did enjoy at that moment would evaporate because my rulings, of necessity, would disappoint many people. To those members of the profession in that category, I can only hope that you might practise sufficient charity to forgive me. That should be a good deal easier for you than the clients you represented.

As a Judge, one learns perhaps the most important party in any judgment is the party who loses, and it’s significant to endeavour to explain to that party the reason for that party’s loss. It’s a comfort to know that by exposing one’s reasoning processes Courts of Appeal have an enhanced capacity to correct mistakes which arise from time to time. Like most Judges, I’ve been grateful that some of the rulings which have troubled me most have been taken on appeal.

I’ve seen many changes in the Court system with the advent of Federal Courts. We know that at one time a trip to Brisbane was necessary for many of us to be admitted to the practice of the law. I’ve seen changes in Court procedures. When I started there was no such thing as a Bench book which now guides trial Judges on directions that ought to be given in a variety of criminal offences.

Initially, the Court was supported by shorthand writers, but now in almost every Court proceedings are tape-recorded. The transcripts are not as readily available as they used to be and I wish to thank the staff of the State Reporting Bureau for all their help and friendship over the years. Technological advances, if they should be so described, have created  problems. In a speech given by the Chief Justice in Cairns recently I was surprised to hear him say that the quality of recording equipment in the provincial Courts is superior to that provided in Brisbane. Assuming that to be so, I think I perhaps should accord some sympathy for members of the Bench stationed in Brisbane.

Whilst the equipment here may be of higher quality, when problems do arise it’s a matter of good luck if our excellent technical assistant is in Townsville because he’s often required to service the very many courthouses throughout North Queensland. Until a few years ago, the District Court did not serve Palm Island. The District Court, as most would now know, travels several times annually to Palm Island for sentences. This initiative, in my experience, has helped overcome several logistical problems resulting from the distance between Palm Island and the mainland. Similarly, there was no such thing as a Gulf circuit or Cape circuit carrying out similar functions in the remote communities of the Gulf Cape and Torres Strait.

I very much enjoyed my service to the Court in the Cape communities and Torres Strait. In each of these communities, indigenous justice groups play a part in not only providing counselling and advice to offenders, but also in reducing potential problems. When considered appropriate, recommendations are made by justice groups to the Court on sentence. This, I think, benefits both the offenders and the participating communities. The justice groups inevitably include elders from the community, and undertakings are often given by offenders, not only to the Courts but to the justice group. This does enhance the prospect of rehabilitation of offenders.

I’d like to thank each of my associates who have, without exception, served the Court, and me personally, with distinction throughout their years of service. I should like to thank the staff of the Courts at Hughenden, Mackay, and in particular Bowen and Charters Towers, the last mentioned places being those that I have more frequently visited. They have always served the Court well.

I have made and maintained friendships with the Court staff in each of those localities. The Court staff in Townsville have always supported me and the Court admirably. Our Deputy Registrar, Phil Green, has kept the Courts, and thereby the profession, busy since his appointment as Deputy Registrar. His success in doing so has, of course, very much depended upon the cooperation of members of the profession.

I should particularly like to record my appreciation for the support of our Registrar, Robyn Wegner, which she has provided since her appointment and thank her for the considerable additional work that she’s been burdened with in arranging this morning’s proceedings.

I particularly thank the Court staff required to type my judgments and have been required to tolerate my pedantry from time to time in the multiple amendments that I occasionally made. They have done so at least giving me the impression that it’s been done cheerfully.

I have firm friendships with all the staff and with the bailiffs that have served the Court. An impression I take with me from the Bench is that jurors, wherever they service, are very conscientious and deserving of respect.

One of the pleasures that I have had upon the Bench is to note the progress of counsel and Crown Prosecutors as they mature. The Crown Prosecutors are now so numerous that their offices now have been relocated from this Court complex to adjacent buildings. I’ve, of course, also witnessed the establishment of separate offices for the Director of Prosecutions in Mackay and Cairns.

Mr Douglas, thank you for your kind words on behalf of the Bar. I do recall you spending some time in Townsville in the late 70’s as a law clerk. I wish you and all your members well for the future. To my friend, Don Armit, thank you also for your generous assessment of my worth as a Judge. I also wish the solictors’ branch of the profession well in the future.

Finally, as I leave the Bench, it seems that I may be permitted to enter the arena of public comment. The growth of the population has caused congestion to such an extent that the Magistrates Court is now bursting at the seams. No doubt coming jurisdictional changes soon to be introduced will increase the work load both on that Court and on the District Court.

As I mentioned, I spent some of my life in the old courthouse, the transported School of Arts from Bowen. Since 1975, I’ve spent most of my legal life in one capacity or another in this Courts complex. It is one which is unique in its architectural design and remains a landmark in Townsville, despite being opened some 35 years ago. It has an appearance of permanence. It has the prominence worthy of a Court complex in a large provincial city.

When the Court was opened in 1975, it was not close to the Townsville demographic centre. It is even further away in 2010. The Chief Justice mentioned in his speech to the North Queensland Law Association in Cairns recently that upon the completion of the new Court complex in Brisbane at the end of next year, attention would then be focussed upon the redevelopment of this Court complex. I would find it surprising that if any proposal to extend a building of this stature with glass and steel would, if it was within the jurisdiction of a local authority planning department or a planning Court, meet with approval. Of course, alterations to government buildings do not undergo such scrutiny. There is a clear need for a new Court facility in Townsville to accommodate particularly the demands of the Magistrates Court. The profession will need to be vigilant, and perhaps vocal, in its opposition to any proposal to extend this courthouse, and vocal in support of a construction of a new Magistrates Court facility elsewhere, perhaps closer to the demographic centre of the city. There are, of course, many suburban courthouses in Brisbane.

Finally, may I say that I’ve enjoyed my entire legal career at the Bar and on the Bench. In the latter context, it’s been a privilege to serve the community. I leave the Court confident that the community will continue to be served effectively by all those who follow me.

Address from His Honour Judge O’Brien

I welcome you all here today on this special occasion on which we mark the retirement of His Honour Judge Pack.

That there should be so many gathered here is itself a recognition of the high regard in which Judge Pack is held.

We acknowledge in particular the presence of the Northern Judge, Mr Justice Cullinane and of Mr Justice Monteith of the Family Court, as well as members of the Magistracy, both State and Federal.

We acknowledge also the presence of members of the Judge’s family, his wife, Wendy and two of their sons, Rowan and Stephen. As a court we recognise the enormous support that they have provided to Judge Pack in his judicial life.

There are many, including a large number of our judicial colleagues, who have been unable to attend today. They have all asked that I convey their apologies and their best wishes to Judge Pack. The Chief Judge, who is recovering from an injury which prevents her travelling, has expressly asked that her warmest good wishes be delivered to the Judge. She acknowledges the great contribution that Judge Pack has made to the delivery of Justice in this State.

The Chief Justice has asked me to say on behalf of the judges of the Supreme Court that Judge Pack has given many years of meritorious judicial service and deserves to be commended. In addition, the Northern Judge, Justice Cullinane, has asked me to add his and Mrs Cullinane’s personal best wishes to Judge Pack in his retirement. With his own retirement looming, Justice Cullinane will follow Judge Pack’s progress as a retiree with great interest.

I should tell you that this ceremony almost did not occur.  With his typical modesty and dislike of public recognition, Judge Pack has proven to be a most reluctant participant.  Indeed, his presence was only secured when Judge Durward calling upon some ancient authority assured him that there was somewhere a precedent for an uncooperative judge to be carried into court on an occasion such as this.

Judge Pack was sworn in as a Judge of this court on 18 December 1997.  He could though claim an even earlier association with the District Court in Townsville as he had, prior to his going to the Bar in 1973, been Clerk to the legendary Judge Vince Finn.

On the occasion of his swearing-in, the then Chief Judge Pat Shanahan, and we acknowledge his presence here today, referred to Judge Pack’s “profound sense of fair play” and to “his deep understanding of his fellow human beings”.  Those were to prove most astute observations, for they are, I think, the very qualities that have marked Judge Pack’s time as a judge.

Recognised for his patience and compassion, ever ready, where appropriate to offer a second chance, he has brought to this Court qualities of humility and of humanity which any judge would do well to emulate.  It may be no small coincidence that those were qualities for which the late Judge Finn was also noted.

Beyond these attributes, his mischievous sense of humour and his generous nature have made him a much loved and respected judicial colleague.

The District Court of Queensland is a very busy court. It is in fact the busiest trial court in this State and Judge Pack has contributed over the past 12 ½ years to all aspects of the Court’s work. You will not be disappointed, nor surprised, I think, to learn that that contribution has extended to the social as well as the strictly judicial aspects of court life.

He is, I know, something of an admirer of Gilbert and Sullivan so I hope he will forgive me if I misquote them slightly in saying of Judge Pack that “he has been a judge, and a very good judge too.”

Judge Pack’s retirement will be a great loss to our Court. He will be very difficult to replace, but replaced he must be and in the interests of the proper delivery of justice in North Queensland, it is to be hoped that that is something which will occur sooner rather than later.

Judge Pack has served the Court and the people of Queensland well in his judicial capacity. Sad though we are to see him depart, we wish him and Wendy a very long and deservedly happy retirement.

Address from Richard Douglas S.C. President

The barristers of Queensland are pleased to join with those present today to celebrate with you, your Honour, on the occasion of the curtain being drawn on your long and productive legal career.

An  occasion  like  this  with  the  appropriate  fuss  involved,  no  doubt,  may  cause  your  Honour, given  your  no  nonsense  disposition,  some  discomfort. Your  Honour  will  just  have  to  grin and bear it.

It is my privilege today to speak on behalf of not only the Queensland Bar but also the Attorney General, the  Hon. Cameron Dick.  The Attorney unfortunately cannot be here today, albeit spoke with you yesterday. He asked me to pass on his and the Queensland Government’s thanks for your 40 year contribution to the law and the community.

Your Honour has indeed given distinguished service to the people of Queensland, in particular North Queensland, for many years as a barrister, and subsequently as a judge of the District Court.

Indeed the Pack family has given such service. Your  spouse, Wendy Pack of Senior Counsel, is the balance of a powerful duo.

Your Honour was privileged to learn much of your craft at the feet of Judge Finn, also a Townsville based judge, to whom you were clerk. He was your mentor and inspiration.

Likewise you have been a  mentor to and inspired many who  had the privilege to brief you and appear with and against you over the years. I also had the privilege of briefing you when I worked as a law clerk in Townsville in the early 1980s. As counsel you always inspired confidence and engendered calm in those about you — instructing solicitor, client and judge.

You carried those qualities to the bench.

For that we thank you.

When  I  made  a  casual  request  to  some  of  the  North  Queensland  Bar  for  some  Bob  Pack anecdotes I was swamped with stories which would fill several valedictory  ceremonies. This is not the occasion to sully the record, and your Honour’s distinguished career, by repeating the no doubt apocryphal stories which overloaded my email in the last week.

If I may be forgiven I will rehearse one tale with which I was furnished and which does appear to have a ring of truth.

My informant described to me what, in his view, was your finest moment of service to the legal profession of North Queensland, occurring on an occasion not unlike the present.

Apparently a number of solicitors were celebrating 50 years of practice. A large crowd was assembled and refreshment was ample. Your Honour was master of ceremonies.

Such was the protraction of  reminiscences by various speakers, the principal guest speaker, Peter Hilton, did not embrace the microphone until late in the evening.

Apparently Peter was a little tired and emotional by such a late hour and did not appear to recall,  or recall well his prepared speech. As the assembled multitudes looked on, Peter struggled to articulate his praise of the four solicitors. The speech was not going well.

A touch of a hush, and then laughter boomed when, without warning, an umbrella tied to a broom emerged from between the curtains behind the guest speaker, and eventually firmly around Peter’s neck, vaudeville style.

Peter’s late turgid speech was brought to an abrupt conclusion.

Your Honour has been a friend of the Bar since your elevation.

Unlike some judges you never lost the acute understanding of the difficulties often confronted by counsel and solicitors in their conduct of criminal and civil litigation.

Importantly your Honour had a keen eye for any scintilla of nonsense being peddled before you. The rug was soon, and rightly pulled from under any who would seek to encumber you with specious argument before you.

Your Honour, the Bar will miss you on the bench, for your legal skill, decency and your sense of humour.

The community and the profession’s loss, no doubt, will be the gain of Cungulla where you and Wendy have your shack on the Houghton River.

While enjoying retirement over the next few decades, do try to give the local fish and crabs a sporting chance.

Your Honour we salute you, we thank you, and we bid you adieu.