President's Message

12/10/2023

Today our new Senior Counsel announced their appointment in the Supreme Court of New South Wales and the Federal Court of Australia. The designation of the rank of Senior Counsel distinguishes each new silk as a leader of the profession with high levels of skill, integrity, knowledge, detachment, ethics and contribution through service. We congratulate all of our newly appointed Senior Counsel and look forward to the bows in the Federal Circuit and Family Court of Australia tomorrow and in the District Court on 30 October 2023.

It is apt to remind ourselves, as the Chief Justice of the Supreme Court noted today, that the motto of the Bar Association, inscribed on our coat of arms, is “servants of all yet of none”. On Monday, nominations for the upcoming Bar Council elections will close. I encourage eligible members to submit their nomination to stand for election to the Bar Council. I have seen extraordinary service by the current Bar Council, in particular from the Executive of Bar Council, who will stand for nomination again, with my term ending on the declaration of the new Bar Council. The nomination process is fundamental to ensuring good governance at the Bar through maximum participation. The vote will again take place by a hybrid system this year with voting available either online or through a paper vote.

Tonight we are privileged to have Bret Walker AO SC delivering the Sir Maurice Byers Lecture to honour an eminent leader of the profession who was not only renowned for his fine legal skills and mastery of all matters relating to the Constitution, but also commanded the affection and respect of the profession on account of the manner that he conducted himself, his skills of listening, his wit and his disposition of humility, generosity, kindness and charm.

The historic referendum on the proposal to amend the Constitution to recognise the First Peoples of Australia in a substantive way through an Aboriginal and Torres Strait Islander Voice occurs this Saturday. The Bar Association supports the proposed amendment as a sound and appropriate amendment to provide substantive recognition for the First Peoples of Australia through the proposed “Voice”. In recent weeks, former Chief Justice Bathurst has articulated a summary stating that the amendment is a “very simple step” that is “Constitutionally sound”, and former Chief Justice French has addressed the National Press Club in support of the amendment. Former Chief Justice Spigelman has also outlined his support and detailed views of the operation of the proposal. There are of course other opinions. The Bar supports respectful interactions in the days and weeks to come, no matter each person’s views, and no matter the outcome of the referendum.

I would also like to remind members who are personally affected, or have family members affected, by recent international events or the referendum, that BarCare is an independent professional counselling service available to all barristers and their immediate families to assist with matters impacting on mental health and wellbeing. The NSW Bar Association has a long-standing, public, commitment to the elimination of unacceptable behaviour in our workplaces, including all forms of vilification, and to a safe and inclusive legal profession.