Tales of the South Pacific

Enjoying a Slice of Samoa ... Fees burnt in Cauldron blaze ...  "Don't hesitate - litigate" ... More prosecutors take to the bench   

Supreme Court of Samoa

BREAKING news from the Samoa Times: former Tasmanian Supremo Pierre Slicer has adopted a Samoan name and has resumed sitting on the bench of the tropical paradise.  

He has been installed as a Matai chief, with the name Lautalatoa (child born in the shadow of the mountains).

In 2006 Justinian reported that Tas CJ, Hollywood Pete Underwood, was trying to get The Slice back to Hobart from an extended judicial stint in Apia. 

Apparently his work on the Samoan court detained him longer than expected and judges back home were incandescent that one of their number was enjoying life in balmy Pacific conditions while they were shivering with Antarctic winds whipping around their ankles.  

Cauldron fired-up 

The 1968 Qld Supreme Court "sinners" fire

Brisbane briefs must have their hands out for cancellation fees following the fire that has rendered the QE11 Cauldron unfit for business. 

The court was closed on Monday (Feb. 20) and looked like staying shut today (Tuesday) if reports by Rupert's hacks are correct.  

On Friday night a fire on level 11 was detected and was extinguished by 11pm. However, a "residual odour" has kept the court closed longer than expected. 

The memories of older practitioners and judges hurtled back to great Supreme Court fire of 1968, when an unemployed man David Brooks got into the building, found his way to the judges' chambers, stabbed a knife into an associates desk and wrote a note that sent shivers down judicial spines: "Judge not lest you be judged, sinner." 

Brooks then set the building alight, leaving it in ruins. 

Former judge Richard (Chesty) Chesterman, was an associate to Justice Charlie Wanstall at the time of the fire and he presented a detailed paper about the event to the Selden Society.   

Chesty was a bit mean about Brooks:  

"There was at the time a widespread, profound, disappointment that the destruction should have been the work of a man who was no more than a mean and spiteful drunk. 

History has many ironies. The fire is one of them." 

Let's hope the residual odour from the Daphnis de Jersey designed temple of justice dissipates sooner rather than later. 

Getting Hassalled 

Hassall's billboard - the part our snapper managed to capture

Citizens of South Yarraside have been getting an eyeful of a large billboard advertising the services of the Highett law shop Hassall's. 

It's the firm's slogan that catches attention: "Don't Hesitate - Litigate!" 

It's also on the shop's website, described as the "motto of the firm and personal mantra for Rowland Hassall". 

On first blush you'd think this "personal mantra" would run fowl of a practitioner's obligations under s.19 of the Civil Procedure Act, Vic. which indicates that hesitation before litigation is definitely in order. 

And what about s.4 of the Civil Dispute Resolution Act, Cth. where genuine steps have to be taken to avoid litigation?    

Maybe there should be an asterisk next to the personal mantra accompanied by some fine print. 

In any event, Hassall's of Highett brings to mind Dame Edna's famous waltz: Highett a place of my dreams. 

Prosecutors benched 

Central Local Court, Sydney, chock-a-block with prosecutors

The NSW government's approach to judicial appointments continues to intrigue. 

At the end of November the then attorney general, Goody-Two-Shoes Upton, announced 11 new magistrates - four were prosecutors or ex-prosecutors and one was from Crown Solicitors. 

Four others had been at big end of town law shops (Freehills, Allens & Corrs), ensuring that a high level of equity, commercial and corporate expertise was on tap for the Local Court. 

One of the new appointees, Brett Thomas a solicitor at Macedone Legal, was the Liberal candidate for the state seat of Miranda and managed to achieve a 27 percent swing to the ALP. 

We've had a chance to study the appointees and their respective professional provenance: 

Imad Abdul-Karim: federal prosecutor with the Commonwealth DPP;

Rodney Brender: Maurice Byers Chambers, specialising in bankruptcy, equity, commercial and corporate;  

George Breton: a criminal law solicitor from Liverpool; 

Kathy Crittenden: solicitor, who acted for Harriet Wran; 

Cate Follent: An assistant Crown Solicitor; 

James Gibson: a Crown Prosecutor based at Penrith; 

Susan Horan: a Commonwealth prosecutor; 

Jennifer Price: prosecutor;  

Julie Soars: barrister specialising in international commercial disputes; ex-Freehills, ex-Norton Smith; 

Brett Thomas: solicitor with a criminal practice at Miranda; former Liberal candidate; 

Julia Virgo: Clayton Utz special counsel. 

This is not to say that they are not smart, talented and fabulous people. It's just that criminal defenders are thin on the ground when it comes to judicial appointments in NSW. 

In December it was our solemn duty to report that up to that point two-thirds of Goody-Two-Shoes' District Court appointments had a prosecution background. 

Public defenders had applied, but were not appointed. 

We're not the first to point the finger of suspicion for this imbalance at Troy-Boy Grant, who was "Justice" and Police Minister.