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Swearing In Ceremony Of The Honourable Elizabeth Fullerton SC


IN THE SUPREME COURT
OF NEW SOUTH WALES
banco court

                          SPIGELMAN CJ
                          AND JUDGES OF THE
                          SUPREME COURT

                          Monday 19 February 2007
SWEARING IN CEREMONY OF
THE HONOURABLE ELIZABETH FULLERTON SC
AS A JUDGE OF THE SUPREME COURT OF NEW SOUTH WALES
    1 FULLERTON J: Chief Justice, I have the honour to announce my appointment as a Judge of this Court. I present to you my Commission.
      2 SPIGELMAN CJ: Thank you, Justice Fullerton. Please be seated whilst your Commission is read. Principal Registrar, please read the Commission.

          (Commission read)
      3 Justice Fullerton I ask you to please rise and take the affirmations of office.

          (Affirmations of Office taken)

          Principal Registrar, I hand to you the affirmations so they may be placed amongst the records of the Court.
      4 Justice Fullerton, on my own behalf and on behalf of all of the Judges of the Court, I congratulate you on your appointment and I welcome you as a member of this Court. Your Honour has become, over recent years, one of the leaders of the criminal bar in this nation. Your appointment is a very welcome one. I look forward to serving the people of this State with you for many years to come.
        5 MR M SLATTERY QC, PRESIDENT, NEW SOUTH WALES BAR ASSOCIATION: On behalf of the New South Wales Bar I welcome your Honour to the bench of this Court.
          6 Within each generation at the Bar, a handful of pre-eminent counsel refine and mould to their own style the very idea of what it is to be an advocate. Without doubt your Honour stands among those leading counsel in the present generation.
            7 Ordinary measures of performance do not fully explain your Honour’s remarkable success as an advocate. Your Honour is by nature a leader in the courtroom. You are dynamic. You are strong. You are incisive. Such descriptions though, do not do full justice to your Honour. There is something else.
              8 That something else can best be understood by a scene from the life of another former New South Wales barrister. West Australians have long remembered the opening of one official visit that Prime Minister Gough Whitlam made to Perth in about mid 1974. The Prime Minister had descended from his RAAF jet and was leading his entourage through the airport security screening. As he walked through, suddenly he set all the security alarms ringing. The Prime Minister paused just for a moment, turned to all the rather startled staffers and journalists present and explained, “It’s my aura”.
                9 Like Gough Whitlam, your Honour too has an aura. You were a charismatic advocate. Your presence changed every courtroom in which you appeared. Wherever you were, you were the undisputed Queen of the Bar table. Now of course you will be Queen of your own courtroom. Your Honour’s better opponents and colleagues always saw you as frighteningly competent. To the rest at times you could simply be frightening.
                  10 Your Honour’s career path is a story of opportunities taken and fulfilled. Your Honour’s first career choice was not obviously for a life in the law. You originally trained as a primary and infants teacher at Coburg Teachers’ College and then taught Kindergarten and primary schoolers in 1975 and 1976 at Port Melbourne Primary School. Most non-lawyers would recklessly assume that this early career choice had nothing to do with the law. Actually your Honour was undertaking the ideal preparation to deal with some of the characters you would later encounter in Australia’s courtrooms.
                    11 Your intelligence soon called you to further study and in 1978 you commenced Arts/Law at Monash University.
                      12 There were many early signs of your later legendary courtroom courage. For part of 1977 you worked on a kibbutz near the Golan Heights in Israel. You needed a waiver of a mature age student exam which would otherwise have prevented you enrolling at Monash the following year. You then did something that no other Monash mature age student would dare do in 1977. You went to the local Israeli Army post and rang the Chancellor of the University to ask for a waiver. Folklore records his response as, “If you’re that determined you will have a place in Law next year”.
                        13 In 1980 you moved north, finishing your degree at the University of New South Wales. As a law student you thought of going straight to the Bar. You had no contacts. In an act of generosity, which you yourself were later to replicate hundreds of times at the Bar, Justice Virginia Bell, then a junior, took an interest in your welfare and your ambitions. She sent you to a senior junior for advice about a career as a barrister. Though very well intentioned his judgment was brutal. He asked you, “Have you got a rich father?” When you responded in the negative he inquired, “Well, how do you think you are going to fund your first year?” Quite uncharacteristically you didn’t have an immediate answer. Instead you showed the single-minded focus we know so well. You walked out of his chambers, down to David Jones and purchased a Bar jacket and a set of robes.
                          14 You started practice in 1983 in the Women’s Room in Frederick Jordan Chambers. This room was an initiative of Janet Coombs in the 1970’s, and provided a room for female barristers in their first year. Funded by Frederick Jordan Chambers this initiative was a standing encouragement to many women to make a start at the Bar who would not otherwise have done so. It helped launch the careers not only of your Honour but of Justice Bell and so many other women before and since.
                            15 Every successful barrister can name a career turning point from which recognition flows. In your Honour’s case that probably was your participation in 1986 and 1987 in the Royal Commission into the conviction of Lindy Chamberlain, as junior to Ian Barker QC and Michael Adams, now Justice Adams of this Court. You all appeared on behalf of the Northern Territory Government. You and Michael Adams spent a full year diligently immersing yourself in the then science of and all the trial evidence about bloodstains. Ian Barker greatly regrets not being able to be here this morning as he is overseas. He clearly valued your work but wistfully observed from Italy last week that these days all your joint efforts would probably be replaced by a single, accurate, ten minute DNA test.
                              16 After this your career took off. You remained a criminal law specialist but you began to appear in disciplinary and medical negligence cases. Everywhere you took on the hard cases, but perhaps they are all hard cases. In mastering your briefs you quickly developed a reputation for the kind of thoroughness that is normally only associated with German Archaeology. Anything in writing was coloured and classified. Your capacity to destroy original documents in this process was one sure sign that you were destined to become senior counsel.
                                17 In 1988 you broke new ground by accepting a term as the first of two in-house Counsel for the Commonwealth Director of Public Prosecutions then under the directorship of Mark Weinberg QC, now Justice Weinberg of the Federal Court. As well as conducting cases for the Commonwealth DPP you were widely remembered from this period as being an inspirational teacher of advocacy, of evidence and criminal law to all in the office. Subsequent barrister appointees to this important post included now Justice Terry Buddin, Mark Ierace SC and now Wendy Abrahams QC.
                                  18 You returned to the private Bar in 1989 and entered Forbes Chambers and soon became one of its directors. There you continued to make the warm friendships that have surrounded you at the Bar wherever you have gone.
                                    19 Perhaps because of your Queenly nature you have a habit of giving names, nicknames, to all that you work with. That happened in Forbes Chambers and a regular solicitor, David Giddy, was named by your Honour, “Giddysberg”.
                                      20 You flourished as a junior. The late Justice Peter Hely, when at the Bar, regarded you as having been among the very best of his juniors.
                                        21 Your excellence and skill as an advocate were further recognised when you took silk in 1999. As a silk, like some latter day Bismarck, your Honour brought the art of Realpolitik directly into the courtroom. As a skilled and disarming diplomat you were irresistibly charming to juries and judges alike. This effect was at times so powerful that some of your juries showed concern at disappointing you when they convicted the defendants you represented. The next moment, as the military strategist, you could apply overwhelming force in cross-examination to secure your objective. One of your cross-examinees left the witness box and whispered to his counsel, “She’s scary”.
                                          22 You persuasive power was legendary. With total mastery of the facts but an uncanny ability to see the larger issues your Honour would present an apparently unassailable case to a jury whether for prosecution or defence. Somewhat against the modern trend and demonstrating your independence of mind your prosecuted and defended in equal measure. This is perhaps not surprising given the example set by your mentors Ian Barker and Michael Adams.
                                            23 Your accomplishments in practice have earned you a reputation among your fellows not unlike the generous compliment paid by Sir Patrick Hastings KC, the great English advocate in the 1920s when speaking of his good friend and fellow advocate Norman Birkett. Hastings said of Birkett:
                                                    “...if it had ever been my lot to decide to cut up a lady into small pieces and put her in an unwanted suitcase, I should without hesitation have placed my future in Norman Birkett’s hands. He would have satisfied the jury (a) that I was not there, (b) that I had not cut up the lady and (c) that if I had she had thoroughly deserved it anyway.”
                                            24 You had a loyal following and were counsel of first choice to many solicitors. Your briefs sought out your excellence. However, once briefed more than one client expressed palpable relief that you would not be cross-examining him.
                                              25 Though you seemed to prefer the dust of the arena to the refinements of appeal work you had the same persuasive and successful presence on appeal.
                                                26 Your Honour is a perfectionist, finely tuning questions and closing addresses with the same exactness and energy which would launch an election campaign. Your arguments have the same clean and decisive lines that we see in your Armani suits. Despite striving for the perfect your Honour is an excellent listener and a strong and collaborative leader who values the opinion of everyone in conference.
                                                  27 As a silk you undertook some of the most difficult criminal matters of the last decade. You developed a speciality in managing the prosecution of multi defendant drug and conspiracy trials. You prosecuted the defendants in Operation Linnet, the largest value heroin importation every into this country. You came into the long running Ronan trial before Justice Whealy after the conviction of the defendants. You put order into your brief and then ran the sentencing hearings with refreshing efficiency. You acted as Counsel Assisting the T J Hickey inquest with firmness but sensitivity.
                                                    28 Recently you developed a boutique practice in using your charismatic authority to persuade captains of industry to face the unpalatable truth and plead guilty to complex corporate crimes. Your sentencing hearings for Adler, Oates and a number of others became masterpieces of set piece theatre where everything possible was done for your clients.
                                                      29 Outside the courtroom your Honour took at intense interest in advancing the careers of the Bar’s women. In this you are a model of female leadership. There are so many women in the law who have now come to the Bar and stayed at the Bar because your Honour took an active interest in mentoring them and taking them under your wing.
                                                        30 Your Honour’s professional and personal generosity, and in your Honour’s case the two are identical, have extended well beyond mentoring. As with so many other barristers, whose work rarely gets any public recognition, your Honour has served as an adviser to a number of charities and public organisations. Your Honour has given particular service to the Belvoir Theatre and the Performance Space. Your Honour has been a director of the Gay and Lesbian Mardi Gras Board and has chaired the Mardi Gras Festival committees.
                                                          31 Your Honour has already given much public legal service to the people of New South Wales. Your Honour has been continuously a member of Bar Association committees for every year between 1996 and 2003, serving on the Association’s engine room committees of Criminal Law, Legal Aid, and Professional Conduct.
                                                            32 The New South Wales Bar has been privileged to have the benefit of your Honour’s professional energy for the last twenty-four years and now the people of New South Wales are about to have the privilege of your serving them as a judge of this great Court. The New South Wales Bar congratulates you and wishes you well in your new judicial career.
                                                              33 May it please the Court.
                                                                34 MR G DUNLEVY, PRESIDENT, THE LAW SOCIETY OF NEW SOUTH WALES: May it please the Court.
                                                                  35 It is my pleasure to speak on behalf of the solicitors of this State to welcome and congratulate your Honour on your appointment to this Honourable Court.
                                                                    36 I echo and endorse the tributes that have been made by my colleagues on this great occasion. Your appointment has been warmly received by the solicitors of this State and by the profession as a whole.
                                                                      37 The reputation and quality of any court depends in large measure on the ability of the judges appointed to serve on that court, especially one which commands great respect from the community to which it is a faithful servant. The community assumes the independence of the judiciary, the protection of the rule of law and the course of justice prevailing because it has been a tradition of this Court since its establishment.
                                                                        38 Your Honour, the community of New South Wales will be well served by your dedication, determination and compassion. It is clear that you will not only maintain but enhance the intellectual rigour of this Bench for the benefit of the members of our community.
                                                                          39 Reflecting upon your career, one of the most striking features of your professional life has been your capacity to turn your hand to both prosecution and defence work with a great deal of flexibility. Amongst those solicitors who have briefed you, I am told your Honour is held in the highest regard and you are described as thorough, brave and keenly intelligent. You are equally held in high esteem by the prosecutors and the defence lawyers of New South Wales and Australia.
                                                                            40 It is not unusual for your Honour to receive correspondence from previous clients expressing their gratitude. This is illustrative of how you connect with people in times of great stress.
                                                                              41 As we have already heard this morning, your Honour was originally trained as a primary school teacher, helping to train young minds. During this chapter of your life you developed an early love and command for the English language. Your love of language and willingness to embrace technology now means that you have new and more interesting ways to express yourself. What would be a rushed conversation over a scratchy mobile phone with any other barrister for your Honour now transpires into several beeps in one’s pocket either by SMS or email, providing well worded and timely advice.
                                                                                42 After developing a keen interest in the Australian drama “Consider Your Verdict” your Honour embraced a career in law as if it were your first.
                                                                                  43 For the benefit of those who are not familiar with this series, and until recently I was not familiar, the basic concept consisted of a dramatic courtroom trial presented in a serial format. The first episode was broadcast in 1958 and it lured regular appearances from many renowned practicing barristers at the time, including Eugene Gorman QC.
                                                                                    44 This passion for the law led to you being called to the Bar in 1983. During your time at the Bar you acquired a busy practice, predominantly in criminal law, as a trial advocate in both Commonwealth and State matters. You have developed and become renowned for having an unrivalled ability to see the absence in someone else’s argument or indeed unfortunately the absence sometimes in your own.
                                                                                      45 Throughout your career you have obtained some fair convictions and some spectacular acquittals in a number of high profile and weighty cases. As the President of the Bar has just said you appeared as counsel assisting the Coroner in 2004 in what became known as the Redfern Riot case, one which caused broader society to once again question the way in which our community interacts with indigenous Australians. At the other end of the scale you have also acted in high profile white collar crime cases and to show your variety you have even prosecuted animal cruelty cases in the Northern Territory.
                                                                                        46 You have become renowned as a master at the art of persuasion, bending judges, opponents, juries and friends to your will. I am told by some of the great joy to see for once that your Honour is going to be bent to the will of another being, in this case you have taken up horse riding.
                                                                                          47 Throughout your career you have made an outstanding contribution to the profession in several capacities. You have presented many papers to CLE seminars and other public forums, sharing your superior knowledge of the law.
                                                                                            48 I am told that you are an adoring aunt of your nephews and godchildren. Often your Honour reverts to school teacher mode when dealing with these children and educating them and helping them to acquire a love and appreciation of the English language.
                                                                                              49 Your Honour the solicitors’ branch of the profession speak of you with the highest level of admiration and they are most appreciative of this appointment. Clearly you possess the personal and professional qualities desired of a Supreme Court Judge and the profession has every confidence that in your new judicial role you will preside with the same integrity, fairness and rigour which you have so ably demonstrated throughout your career.
                                                                                                50 The Law Society applauds your elevation and wishes you many satisfying and rewarding years on the Bench of the Supreme Court of New South Wales.
                                                                                                  51 May it please the Court.
                                                                                                    52 FULLERTON J: Chief Justice, your Honours, judicial officers of other courts of this State, my colleagues, my friends, thank you very much for taking the time to be here today. Of course the day would not have been complete without my parents being here and while I know that nothing short of a landslide would have kept them away I do thank them for being here and thank my brother Christopher for travelling north with them from Melbourne and at least giving some comfort to me that they would be here on time.
                                                                                                      53 Mr Dunlevy and Mr Slattery, thank you both for your considerable research. With all that has been said about me, and what else might have been said about me, I am much relieved at the emphasis that has been given to the fact that I was once a primary school teacher. I do think however that that says as much about me as it may about you.
                                                                                                        54 Let me test it this way. Were I to say for example and with particular emphasis, “Hands on heads”, I expect that quite apart from some of you doing what you are told the range of reactions from members of this court would vary. You would see or you might see Justice Howe’s hands instinctively and obediently rise. Justice Hammerschlag would look at his to see if they were clean enough and Justice Harrison, ever the class clown, would no doubt put his hands on the head of the judge in front of him. The greater number would sit in stony defiance while the very learned Chief Justice would simply look nonchalant, assuming the command was for everybody else.
                                                                                                          55 Preparing to speak here today has been an excruciating exercise as those close to me can verify. I felt at times like I was preparing my own eulogy with the singular advantage of course of being alive to deliver it and therefore being able to spot the snickerers. To those tempted to snicker let me remind you, from here the view is generous and wide and my powers of identification are not dimmed by wearing what Charlie Waterstreet prefers to describe as the bell-bottomed wig. He, of course, would reserve his awe of the full bottom for other less public occasions. Looking around this room I can see bell-bottomed wigs of all vintages, from the newer clipped and coiffed style to the limp and forlorn and I must say some look as if they have been knitted by their wearers’ mothers.
                                                                                                            56 Looking at me you might be wondering of the overly large and slightly Pollyanna loom of the wig I am wearing. It’s very obviously not mine. Since I am a new judge I am in fact entitled to my own and I would have been fitted for it at the same time as yet another rabbit was sacrificed in the back room of David Jones menswear, and worn it today, were it not for the kind offer of a former judge of this court. Honoured though I am to wear the wig of such a man I am compelled by the occasion to “out” him. His tendencies may have been obvious to some, others of you will be very shocked to hear it said about him and simply dismiss it as idle gossip but the very tenderly remembered Roddy Meagher is in fact a confirmed, albeit a latent, feminist. In this place, and by his thrusting his wig upon me, I can only assume he is willing, indeed wishing, to atone through me for all sins committed against, about or in the hearing of the sisterhood at the New South Wales Bar, wherever they might live even if they might, on occasion, be known to wear mohair stockings.
                                                                                                              57 I first came into this room on, I think, 23 December 1983 (I am sure about the year) after receiving a graduate law degree from the University of New South Wales in June of that year. For that I owe a first and lasting debt of gratitude to the Honourable Gough Whitlam. After entering university in 1978, after teaching and then travelling, I had the advantage of a first class and largely free university education because of his enlightened and determined view that education should not cost what most people could not afford. When my name was called on that day in December 1983, and doing my very best in a dress borrowed for the occasion, I stepped forward from a line of very few others and sought admission to the New South Wales Bar. I looked Sir Laurence Street square in the eye and I took an affirmation. Quietly I was relieved to have made it. Of course I had made promises before December 1983. I kept some, I broke others, but on that day and in this court, together with making a public affirmation I made a private promise to myself – to be true to myself whilst doing the very best I could to be a good lawyer, to advance and defend the rights of others. Since then I have been consistently surprised and humbled at how resilient people are when faced with the reality of losing their liberty or losing a battle against other odds, and how appreciative they are to have someone fight for them.
                                                                                                                58 The Bar is full of fighters and I will miss being amongst them. I can hardly believe I have made the leap out of the ring and I do fear that a complete transition might be years off. The mother of one of my very dear friends has expressed great concern at my appointment, as much at how I will be able to refrain from interrupting as to how I am going to remain seated.
                                                                                                                  59 Today with you and in the company of now my sister and brother Judges I make another public promise. I will also continue to try to be true to myself and I will do my very best to be a good Judge. Those women and fewer men who have suffered me at close range over the years know that above all else I do genuinely respect and defend the system of justice that adheres in this State and the other States and Territories where I have had the privilege to appear over the last twenty-three years. How could any of us do otherwise than to embrace a legal system that strives to endorse and to reflect us as a fair and humane people while recognising as we must the gravity of the failures of that same system to afford equity to all.
                                                                                                                    60 When I came to the Bar direct from university in 1983 I was aware of the letter of the law, I had a vague appreciation of the limits of the law but I was singularly unskilled in the practice of the law. I had learnt from a tender age, about two according to my mother, to argue strenuously even stridently in pursuit of my own self declared rights. In my final year at law school I had appeared as a lay advocate for tenants in the Courts of Petty Sessions by finding a loophole in the now repealed Landlord and Tenant Act which gave me a right of appearance, and in that same year I had taken direct action with other women, both on campus and off, to address the predicament of homeless women in this State by occupying, without invitation, vacant properties owned by various Government departments and housing the homeless in them. While that experience in the last year at law school gave me exposure to advocacy of a kind, upon entering Frederick Jordan Chambers in 1983, as then the incumbent of the Women Lawyers Room, I was totally uneducated in the codes or the decorum expected of a barrister. Losing the mullet came first. Getting morning trousers to fit was next but I am not sure that I’ve taken very much in since then.
                                                                                                                      61 I have however been educated by one former judge of this court and the Federal Court as to how to deal with a barrister’s lateness, assuming of course that I am persuaded there is good cause. In the late 1980s I was appearing in the Supreme Court at Wollongong before Justice Foster. It will come as no surprise to anyone who has lived or worked with me that, on that particular morning time was not on my side. I was driving my trusted Karmen Gaia, way sexier than a yellow Monaro, when on the first steep descent through the tollgates past Sutherland and travelling at gathering speed I felt an almighty lurch to the right and heard an almighty screech of what I thought at that time was metal on metal. As the car careered to a stop a wheel came bouncing down the roadway, first alongside me and then away and away in front of me. The wheel had been the fourth wheel on my car until moments earlier. My options at that point were very few. Mobile phones, if they had been invented and I’m not sure about that, were the size of a house brick and in any event I didn’t have one. I didn’t much fancy the walk back up the hill to try and find a public telephone box so I stood centre of the road and hailed the first vehicle travelling south. I don’t know whether the vehicle that I got into was the first to stop but I do remember the man who got me there and I remember the ride very well. He was driving a huge but empty semi-trailer on its way to pick up at Port Kembla. He retrieved the wheel. He popped the hubcap to reveal eight wheel nuts floating inside giving me the best case against the mechanic, as you could understand. He collected the wheel, he threw it into the back seat of the Karmen Gaia, he flung me and my blue bag into the cabin and we set off. Even though we travelled at considerable speed, and I might have just made it on time, he insisted on driving me right to the door of the Supreme Court, I couldn’t find it, he had no idea, and in the result I was late. I climbed down to be greeted by his Honour’s associate and the Crown Prosecutor and to be ushered into his Honour’s chambers. I advanced the very best plea in mitigation every advanced. His Honour simply said this, “Well you can either have a cup of tea with a lot of sugar or something stronger”. To this day I don’t know whether he was joking but I do know this, I resumed the case that morning with a good slug of whiskey under my belt.
                                                                                                                        62 At the Bar I have learnt more than I can say from being in the company both in court and out of the best lawyers in the State and some of the finest people a woman could mass in a single sitting. Some of those to whom I owe a debt of gratitude for their guidance and for their unerring support of me are indeed members of this court: Justice Adams for taking the red pen to my drafts during the Chamberlain Royal Commission and more recently promising to write my judgments only if I refrain from cooking; Justice Simpson for allowing me to complete a year of reading with her even with the knowledge that Horler QC sacked me before the first month was out, I think for interrupting; Justice Bell for giving me my first brief, a winner of a case involving a pub stoush at Cronulla; and Justice Sully for introducing me to a love of the opera.
                                                                                                                          63 Others to have guided me are judicial officers of other benches, many are senior barristers, some even very old, Barker QC being the oldest man I know and noticeably absent. Something about Italy and wanting to be made over as the Renaissance Man.
                                                                                                                            64 The best who have saved me from in court exposure are the solicitors I have worked with. I thank them one and all for thinking ahead, for knowing all I needed to know and somehow making sure I knew what I needed to know when I needed it most and for being patient long into the night as I have grumbled and groaned about this or that current hopeless case or this or that current hopeless argument. I sincerely apologise for causing William O’Brien irritable barrister syndrome, a condition from which he will, as of today, make a lasting and miraculous recovery.
                                                                                                                              65 I thank all my friends and colleagues in chambers over the course of my career at the Bar, initially at Frederick Jordan Chambers, then as you have heard after a year inside at the Commonwealth DPP and then of course my colleagues at Forbes Chambers. Those who with me braved taking our collective leave of Macquarie Street and elsewhere, venturing half a block to the south to set up Forbes Chambers as a most discreetly styled floor of criminal specialists. They are people whose contribution to my practice has been considerable and whose contribution to life outside of chambers has made me rich.
                                                                                                                                66 The most valued of all is not a barrister but my former personal assistant Kim Nguyen, a woman who I have had consistently at my side for more than ten years. Well, the 35.5 per cent of her I have had, given that Game SC insists on reminding him and her when he wants her to sit with him and look at him when he thinks that he holds and owns the greater claim on her. As it happens what Kim Nguyen can’t do probably isn’t worth having done and as it happens what Game doesn’t know probably isn’t worth knowing.
                                                                                                                                  67 From the heartland of my family on the other hand I have learnt the best lessons. In particular that feuds can resolve with due process and after paying respect, however begrudgingly, for the other and their point of view. In my family my mother called a certain convention the Family Council. It was a neutral place where my mother and my father, my two brothers and myself all met when tensions were high, very irregular, where we were all on an equal footing, at where the greatest of grievances, all important to adolescents, were resolved or at least open warfare was downscaled to guerrilla tactics after dark. To my parents I thank you for your counsel and your love. My mother’s love of the literary arts and her weekly letters, sometimes with biscuits and a bag of lollies, counselled me to do everything from reading a sonnet a day to hugging a tree. She has helped to keep me sane. My father’s sense of duty, his commitment to hard work, has inspired something of the same in me. I thank you both for your joint and different wisdom, your ethics, your peculiar sense of the vaudeville, and for your approval for the choices I have made in my life.
                                                                                                                                    68 From practice at the Bar I have learnt that courts in this Commonwealth are where a particular form of justice is the ideal, where the adversaries put the arguments and where the people or the people’s representatives resolve issues of proof. Where judges at first instance adjudicate but do not urge an outcome, where judges on appeal listen, sometimes first to untangle the arguments but ultimately to strike a balance after a verdict or adverse findings have unsettled the unsuccessful. My contribution to these faces of the forum and the process from which they are assured, I hope, a just resolve in this State, is for me a fresh challenge. I will do my very utmost to honour your faith and your trust in me.
                                                                                                                                        **********



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