REMARKS AT THE SPECIAL SITTING OF THE FEDERAL COURT OF AUSTRALIA TO FAREWELL HON CHIEF JUSTICE MICHAEL BLACK AC

Melbourne

Friday, 19 March 2010

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May it please the Court.

It is my great honour to be here today to celebrate the career of the Honourable Michael Black AC, Chief Justice of the Federal Court of Australia.  In celebrating that career, we pay tribute to the 20 years of distinguished service that your Honour has given to this Court.

At the commencement of your appointment in 1991, the then Attorney-General, the Honourable Michael Duffy MP, expressed every confidence that this Court would continue to grow and enjoy a high level of respect under your leadership. I can now say with confidence, and I’m sure those here will join me, that your Honour has exceeded these expectations.

The many distinguished jurists from Australia and around the world is testament to your service.

The Court has grown considerably in the past 20 years with jurisdiction over almost every aspect of civil law and has deservedly earned an enviable national and international reputation.

This has been due in no small part to your Honour’s insistence in the appointment of the highest calibre of judges who are also “decent people”. I know you are proud of your colleagues and I have greatly appreciated your assistance in developing the advisory panel on judicial appointments.

Your Honour’s elevation to Chief Justice of this Court was remarkable for the fact that you came direct from the Bar – indeed testament to the high regard and esteem in which you were universally held. Not only did you bring to this Court the prerequisite legal and intellectual skills – a sharp legal mind and an impressive advocacy record – but also personal qualities befitting your new role.

I recently spoke to a former partner of mine who had briefed you in a number of cases. He said your quiet dignity gave a reasonableness to your client’s case that was as powerful as your legal arguments. More than that, he said your gentlemanly assertiveness compelled even the most unreasonable of clients to listen to your guidance.

I too have experienced your tempered assertiveness in our regular phone calls. You have indeed been a powerful advocate for your Court. But I have willingly accepted your advocacy because you have always had an overriding desire to see the Court serve the community and justice. In that context you have driven many reforms, for example, the Fast-Track list, the Docket System and Specialty Dockets – where panels of judges with the relevant expertise are allocated particular cases – have ensured the Court is a centre of excellence in the many areas within its jurisdiction.

 I note that this year will also see the introduction of the electronic lodgement of all court documents, keeping the Court ahead of the pack in the use of modern technology.

I would like to specifically acknowledge the Court’s contribution to significant reforms to civil justice. I have also been tremendously uplifted by the personal commitment of yourself and fellow judges to the area of Native Title.

I acknowledge also your eye to the future. You have a great interest in ensuring education about social justice and the role of the courts forms part of civics and citizenship education.  You have left me with work to progress in this area and I look forward to reporting to you on developments.

At our first meeting I noted your passion about how the ideals of access to justice should be embodied in the architecture of the Federal Court buildings.  The design concepts of light, space and accessibility that were successfully translated to the Adelaide, Melbourne, Sydney and other court buildings will be another enduring symbol of your Honour’s contribution to the life of this Court.

In 1991, the then Solicitor-General, Dr Gavan Griffith QC, when welcoming your Honour as Chief Justice of this Court, confidently predicted in twenty years’ time it would be said that ‘the first two Chief Justices of the court were great Chief Justices.’ 

I am confident that the other five Attorneys-General with whom you have established strong and productive working relationships since your appointment would share my view that this has unquestionably been the case.

Although you are retiring as Chief Justice, I think it is safe to say that you will continue to make an important contribution to the nation, and in particular, to our nation’s legal system.

I know you are also looking forward to spending more time with your family.

Your Honour, it has been a great privilege to be here today to express the deep gratitude of the Government and the Australian people for the dedicated service you have provided to this Court during the past two decades.

On behalf of the Government, I extend my sincere best wishes to you and your family for the future.

May it please the Court.