Justice William Charles Crockett AO - Victorian Bar

Senior Counsel in Victoriasuitability for appointment. The referees,who are usually superior court judges,then provide the Chief Justice with a writtenconfidential report.SUPREME COURT ADVISORYCOMMITTEEThe Chief Justice appoints an advisorycommittee consisting of seven membersof the court — two judges of the Courtof Appeal, a senior judge from each ofthe three divisions of the Court (Crime,Commercial and Equity and CommonLaw) and two additional judges who aremore junior. The more senior appellatejudge chairs the committee. Its compositionmay change from year to year.Members of the committee are given, ona strictly confidential basis, a hard copy ofeach application and the reports receivedfrom the referees.The committee meets frequently overa period of four to six weeks and providesthe Chief Justice with its views as to whoare, say, the 20 top-ranking applicants.CONSULTATIONThe Chief Justice then consults with thefollowing officer holders concerning thoseapplicants who practise the office holder’sjurisdiction and for that purpose sends tothem on a strictly confidential basis thenames of the applicants:Chief Justice of the Federal CourtChief Justice of the Family CourtChief Judge of the County CourtPresident of VCATSolicitor-GeneralChairperson and Vice-Chairperson of theBar CouncilPresident of Law Institute of VictoriaDirectors of Public Prosecution (Cth andState)President of the Industrial RelationsCommissionChairperson of the Criminal BarAssociationChairperson of the Common Law BarAssociationPresident of the Commercial BarAssociationWhere relevant, chairpersons of otherBar Associations may also be consulted.Those consulted, however, are not givencopies of the applications or reports fromreferees.Ordinarily, the Chief Justice of theFederal Court consults with the VictorianFederal Court judges before meeting withthe Chief Justice, as does the Chief Justiceof the Family Court. The Chief Judge ofthe County Court consults with six judgesof his court, four senior and two junior.The President of VCAT usually consultswith his Deputy Presidents.CONSIDERATION BY THE SUPREMECOURT ADVISORY COMMITTEEThe Chief Justice next discusses theresults of that process of consultation withthe committee which then further considersthe ranking of the applicants, havingregard to the results of the consultation.That ordinarily occupies two or threemeetings of the committee and, by earlyNovember, it furnishes the Chief Justicewith its list of recommended appointees.In the meantime, the Chief Justiceherself further considers the matter andconsults further with the Senior PuisneJudge of the Court and the President ofthe Court of Appeal.Following these processes the ChiefJustice makes a final decision on thecomposition of the list of successfulcandidates. The Chief Justice recalls thematerials provided to the committee andall copies of applications and reports aredestroyed. The Chief Justice retains hernotes of the consultative process.The Chief Justice announces the successfulcandidates, having first written toall candidates advising them of the outcomeof their applications. In accordancewith Rule 14.15 the appointment of SeniorCounsel is in writing, signed by the ChiefJustice and sealed with the seal of theCourt. Successful candidates announcetheir appearance as Senior Counsel at aceremonial sitting of the Court.The particular strengths of the aboveprocess that the Chief Justice overseesare, first, the width and depth of consultationand, secondly, the confidentiality ofthe process which allows for candour inthe consultation process, as well as thetangible contribution to the decision-makingprocess from those knowledgeableand experienced in the relevant jurisdiction.AppendixORDER 14ADMISSION TO PRACTISE ANDSENIOR COUNSELPART 2: SENIOR COUNSELRule 14.13 inserted by S.R. No. 133/2004 Rule 5.14.13 QualificationRule 14.13(1) amended by S.R. No.147/205 rule 5(2)(h).(1) A person who is admitted to the legalprofession in Victoria and who is,and for many years has been, regularlypractising exclusively or mainlyas counsel, whether in Victoria orelsewhere within Australia, may beappointed Senior Counsel in and forthe State of Victoria.Rule 14.14 inserted by S.R. No. 133/2004 rule 5.(2) A person who is so appointed shallhave full authority within Victoria todo all things that Queen’s Counsel orother Senior Counsel within Victoriamay do and in the same manner andform.14.14 Application(1) A person who is qualified to be soappointed may apply in writing tothe Chief Justice for appointment asSenior Counsel.(2) Such applications shall be made atsuch time each year and in such manneras the Chief Justice from time totime directs.45