Justice William Charles Crockett AO - Victorian Bar

(3) An applicant shall provide with theapplication such information as theChief Justice requires.(4) An application under this Rule andall information provided to the ChiefJustice relating to the applicationare confidential and are not open toinspection by any other person saveat the direction of the Chief Justice.Rule 14.15 inserted by S.R. No. 133/2004 rule 5.14.15 Appointment(1) Appointment as Senior Counsel shallbe in writing, signed by the ChiefJustice and sealed with the seal of theCourt and shall be announced in suchmanner and form as the Chief Justicedetermines.(2) A person so appointed shall have andmay exercise in Court such precedenceas the Chief Justice directs atthe time of the appointment.(3) The appointment shall be entered onthe Roll kept by the Prothonotary forthe purpose.Review of the Process of Appointment of SeniorCounselTO members of the Bar:From 2004 the Chief Justice ofthe Supreme Court of Victoria, atthe request of the Victorian Bar Council,has undertaken responsibility for theappointment of senior counsel in Victoria.Following recent criticism of theselection process, the Bar Council hasreviewed the process in place for theappointment of senior counsel in Victoria.In so doing the Bar Council was consciousthat the current selection process hasonly been in place for three years and thatthe nature of the decision being made bythe Chief Justice will inevitably lead tosome applicants being extremely disappointed.On 22 February 2007, the Bar Councilunanimously resolved to confirm its supportfor the current process of appointmentof senior counsel by the ChiefJustice.For the purpose of assisting the reviewby the Bar Council, the Chief Justicereleased a document (available in full onthe Supreme Court website and the Bar’swebsite) summarising the current processfor appointment. The process includes thefollowing:(a) The Chief Justice appoints an advisorycommittee consisting of:46(i)two judges of the Court ofAppeal;(ii) a senior judge from each of thecrime, commercial and equityand common law divisions ofthe Court;(iii) two additional more juniorjudges.The committee is provided on a strictlyconfidential basis with a copy of eachapplication and the reports from refereesnamed by the applicant. The committeemeets frequently over a period of four tosix weeks and provides the Chief Justicewith its views on the top ranking applicants.(b) The Chief Justice then consults withthe following office holders concerningthose applicants who practise inthe office holder’s jurisdiction andfor that purpose sends to them on astrictly confidential basis a copy ofthe name or names of all applicants:Chief Justice of the Federal Court.Chief Justice of the Family Court.Chief Judge of the County Court.President of the Victorian Civil andAdministrative Tribunal (VCAT).Solicitor-General.Chairperson and Vice-Chairperson ofthe Bar Council.President of Law Institute ofVictoria.Directors of Public Prosecution (Cthand State).President of the Industrial RelationsCommission.Chairperson of the Criminal BarAssociation.Chairperson of the Common Law BarAssociation.President of the Commercial BarAssociation.Where relevant, chairpersons of otherBar Associations may also be consulted.Those consulted, however, are not givencopies of the applications or reports fromreferees.(c) Before meeting with the ChiefJustice:(i) The Chief Justice of theFederal Court consults with theVictorian Federal Court judges;(ii) The Chief Justice of the FamilyCourt does likewise;(iii) The Chief Judge of the CountyCourt consults with six judgesof his court, four senior and twojunior; and(iv) The President of VCAT usuallyconsults with his DeputyPresidents.(d) The Chief Justice next discussesthe results of that process of consultationwith the committee, whichthen further considers the rankingof the applicants having regard tothe results of the consultation. Thisordinarily occupies two or threemeetings of the committee and, byearly November, the committee furnishesthe Chief Justice with its list ofrecommended appointees.(e) In the meantime, the Chief Justiceherself further considers the matterand consults further with:(i)the Senior Puisne Judge of theCourt; and(ii) the President of the Court ofAppeal;(f) The Chief Justice makes the appointments.The Bar Council agrees with theobservations of the Chief Justice thatthe particular strengths of the aboveprocess include the width and depth ofconsultation, the confidentiality of theprocess which allows for candour in theconsultation process as well as the tangiblecontribution to the decision-makingprocess from those knowledgeable andexperienced in the relevant jurisdiction.Such a process of its nature cannot befully transparent and open.Further, the Bar Council consideredthat there are the following further advantages:(a) The selection process is principally inthe hands of the most senior judicialofficers in the State;(b) By reason of her position, the ChiefJustice has an unparalleled capacityto engage in candid consultation withthe many members of Courts and