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[strictlycourtroom]

Coping with senility

When the Attorney announced my appointment last December it was noted in the press that it meant the appointment of the oldest appointee ever to this Court. Vaingloriously in the euphoria of the moment I took that to be a compliment. Later, however, I was made to appreciate the reality of the situation. As one of my erstwhile and perhaps more acerbic Victorian colleagues piquantly remarked: “What your age really means is that you’ve taken far longer than any other Judge in the history of the Court just to get appointed and whatever else that might suggest it hardly implies anything very desirable about the rate of performance in the future”.

Logically, I am compelled to acknowledge the force of that observation and I confess that there is not a great deal which can be said against it. Try as I might to propound an adequate riposte, it continues to elude me. May I, however, offer you two thoughts by way of mitigation? First, since we are in Canberra where these things are better understood than they tend to be down south, I draw inspiration from Josh Mann-Rea’s example. Secondly, to invoke one of the Pythons’ more illustrious injunctions, “always look on the bright side”. The selectors may have backed a wild card, as the press put it, but, if one looks at the matter objectively, the selectors have also capped the risk. Given the constitutionally entrenched statutory age of senility of 70 years, and that I am now three score years and four, any damage I might do in the time which remains available is bound to be relatively limited.

Per Nettle J

Ceremonial - Swearing-in of Nettle J - Canberra [2015] HCATrans 5 (3 February 2015)

[strictlycourtroom]

Why, I have, your Honour

HAYNE J: But it is not uncommon for a witness to give evidence firmly believing the truth of what the witness says.

MR WALKER: Not in my experience, your Honour.

HAYNE J: Where the evidence the witness gives happens to be forensically convenient to the outcome sought by the witness.

MR WALKER: I confess that has also occurred in my experience, your Honour.

HAYNE J: It has occurred?

MR WALKER: Yes.

Texxcon Pty Ltd v Porz and Anor; Texxcon Pty Ltd v Wieland and Anor; Nominexx Pty Ltd and Anor v Wieland and Ors [2015] HCATrans 21 (13 February 2015)

[strictlycourtroom]

Sportsmanship

MR SOLOMON: If your Honours please. Good morning, your Honours. I will be much briefer than the in terrorem 30-minute estimate I gave yesterday evening. That was just designed to put my learned friends off for the evening, your Honours.

Commissioner of State Revenue v Lend Lease Development Pty Ltd; Commissionr of state Revenue v Lend Lease IMT 2 (HP) Pty Ltd ; Commissioner of State Revenue v Lend Lease Real Estate Investments Limited [2014] HCATrans 243 (5 November 2014)