Dewigged
BELL J: Mr Mighell, the Chief Justice - if you would please stand - the Chief Justice has directed that judges of this court are not to wig unless the circumstances are exceptional. You are not showing, and neither are your colleagues, showing the respect that I expect of the Chief Justice from you and I want to record my profound disappointment that one, two, three, four, five members of this Bar table have wigs on, though I applaud the strength of character of your junior who does not.
MR MIGHELL: Your Honour, we - I think I speak on behalf of all of the members of the Bar table - we mean Your Honour no disrespect in wearing wigs and we will remove our wigs.
BELL J: Well I want to make it clear to you that it's not a question of respect for me, though I do feel disrespected. Whether you intend that disrespect or not, and I accept the fact that you do not intend it and that you are wearing wigs by reason of principle, but I experience disrespect. But the more important question is how this treats the Chief Justice, not only of this court, but this State.
MR MIGHELL: Yes, Your Honour.
BELL J: She is the constitutional chief of the judicial system of Victoria and has directed that judges not wear wigs, and you five stand there wearing wigs, it's untenable. Now the course I will adopt in this case, and the course I will adopt in every case where this happens, is to ask for an explanation. I won't ask that of you, Mr Mighell, because you've already indicated that the wigs will be taken off at my request, and I so request. I'll give you time to do that in a moment. They will need to be put away as well; I don't want them to be seen by the jury at all.
MR MIGHELL: We understand that, Your Honour.
BELL J: But I make it absolutely clear that if this happens again and there is resistance to a request then I will hear counsel as to why it is that I ought not to direct as a matter of law that the wigs be taken off and I will so rule.
MR MIGHELL: Yes, Your Honour.
BELL J: I make it absolutely clear to you and to the rest of the Common Law Bar that I am of the preliminary view that I have the power to direct that wigs not be worn
because the judge controls matters of practice and procedure in this court, but that's a preliminary view and I will hear counsel in relation to that matter. Now in order that I can come back and commence this case in a judicial manner I will go off the Bench and come back shortly whereupon I will take the appearances.
MR MIGHELL: If Your Honour pleases.
SOURCE: Transcript of Proceedings, Tran v Venture Solutions Australia (Supreme Court of Victoria, S CI 2015 01274, Bell J, 24 May 2016). For a copy of the transcript, see: http://www.davidhdenton.com/uploads/2/3/1/2/23125402/tran_d1_24-05-16_partial_am[2].docx