The Hon. Justice Jane Paingakulam

silence all stand and remain standing until the end of the reading of the proclamation

0:39

ladies and gentlemen the proclamation all persons having any business before this honorable court now draw nigh give

0:46

your attendance and you shall be heard

1:04

welcome to the ceremony to Mark the appointment of The Honorable justice pacum as Deputy president of the

1:10

industrial relations Commission of New South Wales and Justice of the Industrial Court of New South

1:16

Wales we are sitting here on the land of the kardi people the gadigal of the aora

1:22

nation I acknowledge their Elders past and present and extend that acknowledgement to all other Aboriginal

1:29

and straight Islander peoples here today Justice

1:35

baculum can I say how very pleased I was that you accepted this important public

1:41

service you have a well-earned reputation as a preeminent criminal law

1:47

practitioner the resurrection of the Industrial Court coincides with the return of the important work health and

1:54

safety jurisdiction a criminal jurisdiction having someone with your

2:00

expertise and experience on the bench is in my view vitally

2:06

important your someone who has demonstrated outstanding values your

2:11

commitment to public service has been demonstrated by your practice at the bar you represented before this state's

2:18

highest criminal Appel at court the most disadvantaged in our society brief by

2:23

legal aid work that requires some significant personal

2:29

sacrifice your values your good sense your good

2:35

humor and your strong intellect will stand you in good stead in dealing with

2:40

the commission's industrial jurisdiction I'm really looking forward to our years of working together thank

2:47

you Mr

2:52

attorney thank you y and may please the court I too acknowledge the gigle of the

2:58

eor nation to pay my respects to Elders past present and future and I

3:03

acknowledge Aboriginal friends and colleagues here this morning thank you your honor for the

3:09

invitation to address the court today your honor Justice pacum can I congratulate you on behalf of the

3:15

government on behalf of the people of New South Wales and of the New South Wales bar for your appointment and I too

3:22

was very pleased that you accepted this appointment to serve watching from marula your honor

3:30

are your proud parents Joseph and Robin joining us here today are your sister Lisa and her husband Simon had the honor

3:37

of meeting them all the other day it was a lovely to meet your family of course there are many other members of your

3:42

family and many friends and colleagues both here and watching online they're so

3:48

proud of you and they love watching they've loved watching your career unfolding to this point youron was born

3:56

in 1971 in maai your little family consisted of mom dad and twin sister

4:02

Lisa you didn't stay too long in Mai because in your early years you moved around the state from places like Sydney

4:09

to trundle before settling in marimbula growing up in a holiday

4:15

destination was unique for you it was your playground you and your C Lisa were besties you did most things together

4:22

would sometimes even swap identities to trick others I know because I almost

4:28

congratulated her the other day I'm Bec

4:33

went out and about you enjoyed playing netball and riding your bikes at home you love nothing more than watching

4:39

Cricket with your father he was born in India and his sporting passion became yours you were a d diligent child who in

4:47

your own words wasn't terribly adventurous or mischievous you were then

4:52

and no doubt will be now a stickler for the rules primary education was in marimbula

4:58

before attending rabit le as a border for your Secondary School you found moving away from home

5:05

challenging as you would being from a tight family but despite this your

5:10

endeavors were worth it your determination was rewarded you were rewarded honor prizes

5:16

throughout school and appointed prefect in your final year you were also heavily involved in the choir and vocal Ensemble

5:24

and I can just picture you in Justice chin just ripping out a few Elvis duets

5:30

in in in Chambers after a long day singing was an important part of

5:36

your life you were cast in the school Opera Dao and anas you played witch number

5:47

one your friends remember that you were almost too nice at school you were the most caring of friends schools where you

5:54

also fell in love with languages especially French you became fluent as spent time in France between the years

6:02

11 and 12 and you excelled in that subject academically you placed in the

6:08

top 10 of the state for your HSC and came third in a national French

6:13

competition growing your passion for languages was your initial priority upon

6:18

graduation you wanted to do an arts degree at University your parents rebuttal was that it doesn't qualify you

6:25

to get a job still picking on the Arts degree but you conciliated and arbitrated with

6:32

your parents and struck an accord a combined a combined arts and law degree

6:39

you attended the University of Sydney you loved it your interest in linguistics was satisfied with your arts

6:45

degree and you jumped fully into the world of law the first three years on campus you found to be really fun you

6:51

studied hard made the most of your opportunities and did very well the last two years of your law studies were the

6:58

most enjoyable you love coming into the city to attend lectures at Philip Street or the dungeon as many students dub the

7:05

underground rooms was at this time when you when you decided how you wanted to move forward in the law you didn't want

7:12

to choose to practice it you didn't want to practice at this time you wanted to serve a real desire to use your gifts to

7:20

make a difference to help people to make that the world a little bit of a better

7:26

place for your efforts it would in fact be the start of a long and distinguished

7:32

service your first job was with the refugee review tribunal during your graduate program

7:39

there you rotated through various departments such as the Sydney registry and legal research where you hone your

7:46

skills and acted as a hearing officer in tribunal hearings at the same time you

7:51

embarked upon a graduate certificate in legal practice at UTS you were admitted as a solicitor in 1996

7:59

a mil forward and Co were your life in practi as as the solicitor began gaining

8:05

hands-on experience in Probate conveyancing debt recovery and family law but you were what you were the

8:12

desire for public service still burnt inside you and so the next step in your

8:17

varied Journey LED you to the office of the employment Advocate it's where you discovered Your Love of law enforcement

8:24

as a lawyer and then Senior lawyer in the legal and compliance Branch you conducted investigations into breaches

8:31

of the workplace Relations Act 1997 Asic was your next destination

8:37

starting as a lawyer in the enforcement directorate you would advance to senior lawyer and eventually act as national

8:43

manager of enforcement you contributed significantly to investigations of

8:48

criminal matters which included fraud Market manipulation and insider

8:54

trading during your time at asset you wanted to get management experience in a non-legal environment and you certainly

9:00

got that when you joined the ape 2007 task force on suon you played a pivotal

9:07

role in planning and executing the Apec Forum I should ask whether there's any

9:12

members of the Chaser Hood today they were last week so I welcome

9:18

them if they are this required working closely with various agencies and stakeholders to

9:23

ensure the success of events culminating in leaders week in Sydney at also meant unique discussions

9:31

about birthday cakes for world leaders and whether the seats were comfy at each location it was a unique and eye opening

9:38

experience following asset you joined the Australian Public Service Commission you enjoyed your time at the

9:45

ASPC to quote you directly you said I loved loved loved this job one of the

9:51

reasons was the opportunity to work with lenel Briggs the APC apsc commissioner a

9:58

person you admire great greatly you started as a New South Wales Regional director and managed operations

10:04

supporting APC agencies in Sydney you later assumed the role of group manager of the regional Services Group in camra

10:12

in your time at apsc you led investigations into significant apsc whistleblowing cases involving senior

10:19

staff emphasizing integrity and accountability within the public service at all

10:25

times former colleagues have highlighted your focus on the crucial importance of upholding standards and fostering

10:32

professional Excellence it was UN it was unwavering and left an a lasting impact

10:39

on the organizations you've served and the people you've served with you're an

10:45

outstanding public servant and this was recognized with your being awarded with the Australia Day medal for public

10:51

service it was while living in camra that a turning point came in your career you decided you wanted to go to the bar

10:59

you dryly summed up your feelings by declaring that as good as things were life is too short to live in

11:06

camera and too cold as well the start of your legal career was

11:12

all a bit quick you decided to become a barrassed one Thursday morning and enrolled to do the bar exam the following

11:18

Monday then it was 3 months of mad study and you passed you embarrass but by your

11:24

own admission one with much to learn Frederick Gordon Chambers in 2009

11:30

then denim Chambers from 13 to to 23 and it all ended this year at Sir Anthony

11:35

Mason Chambers you said that you love the Ary Bary of being a barrister it was

11:41

an enormously satisfying work your practice was predominantly criminal you

11:46

appeared for both prosecution and offense in the local Court District Court Supreme Court Court of Criminal

11:52

appeal and the high court you've worked on matters concerning fraud tax offenses

11:57

complex sentencing and child pornography you appeared for the crown and jury trials in relation to a range of

12:05

offenses one highlight of your work for the crown was appearing as Junior Council in the $15 million plutus pay

12:12

tax fraud case an extensive and exhaustive 11-month trial it took a huge

12:19

amount of skill and determination and a total lack of sleep to complete the work you did the result was in the Crown's

12:26

favor your work was exemplary you've undertaken many hundreds of

12:31

matters you work with the legal your work with the legal aid board has been meaningful to many you said that your

12:39

simple purpose as a barrister is to give good legal advice and to Advocate to

12:44

people that need it and'll make a real difference in their lives you did that in more your

12:51

honor you treated everyone with dignity you did everything with compassion and professionalism you said it's been a

12:57

privilege to help get people on a different path your colleagues have said it's been a privilege to work with you

13:03

they admire your willingness to help innumerable people have benefited from your advice with your policy of your

13:10

door always being open and it's been noted by contributors to this speech

13:15

that the door was not always open for you as a woman with dual Heritage you weren't always welcome advancement was

13:22

sometimes tough perceptions were at time ingrained persistence was required for

13:29

fortunately your honor is blessed with bucket loads of that love of community of people the

13:35

empathy empathy passion and compassionate is one of the foundations of your life it starts with your close

13:41

bond from your family your parents continue to live in marula you visit them often watching Cricket with your

13:48

father is still a favorite pasttime as is tennis playing is less of a priority

13:53

now but watching is non-negotiable and even though it keeps you up throughout the night

13:59

Lisa and you are as close as ever she along with your friends think you're a lot of fun they love your bone dry humor

14:05

they appreciate the investment you put into human connection your faith has been important to you since childhood

14:12

you're an active member and have been a church Warden at several parishes across Sydney your numerous selfless acts have

14:18

helped countless people friends still say you're the nicest person generous

14:24

and kind they admire that you take life in your stride of course you'll do that

14:30

this with your upcoming role in this court your honor I could keep going on and on but there are a number of other

14:37

speakers and I just wanted to conclude by saying that I'm very thankful that you have put your hand up for a next

14:45

very long chapter of Public Service I thank you on behalf of the government of the people of news South Wales and of

14:51

the bar M please the court thank you Mr attorney miss ball

15:00

M it please the court I too acknowledge the gatle of the Aur Nation the traditional owners of the land on which

15:07

this court stands and pay my respects to their Elders past and present I acknowledge and extend my respect to all

15:14

Aboriginal and Tate Islander peoples who are with us today your honor it is a privilege to

15:19

appear on behalf of the solicitors of New South Wales and offer our congratulations on your appointment to

15:25

the industrial relations commission and Industrial Court of New South Wales I would like to also acknowledge your

15:31

honors family friends and colleagues and all distinguished guests who are in attendance

15:37

today today we are far from your early upbringing in the 1970s trundle far from

15:44

your memories of fishing for yabis on a friend's property in Central West from

15:49

the bright red carpet of the in-house doctor's surgery your father ran in

15:54

marula Far perhaps thankfully I'm told from your board

16:00

school we are far too from the beginning of industrial law in New South Wales nearly 125 years ago from the

16:08

individuals who first came before this court it is a privilege then to speak at

16:13

the elevation of an outstanding Barrister to this bench chosen because

16:19

of your proven extraordinary legal skills it is also accurate that despite

16:26

all that distance in time since industrial relations came to the four in New South Wales female barristers still

16:34

make up only 25% of the bar in our state and that in the history of this Superior

16:42

Court a female Barrister appointed appointment is still

16:47

notable in spite of these odds your honor today shows just how

16:53

much your legal skills are valued with this reborn new Industrial Court

16:59

today is a happy celebration on a historic professional and personal

17:04

level admitted to the role of solicitors in 1996 after a year in private practice it

17:11

was as a solicitor that your honor gained your first legal experience in areas related to this court within the

17:18

office of the employment Advocate three and a half years of breaches of the old

17:24

workplace Relations Act 1997 sparked a love of LA

17:29

enforcement something which has guided your Honor's legal practice to this

17:34

day what followed as we have heard was an extensive career in the Australian

17:40

public service but always in the back of your mind the bar Loom continuing professional development

17:47

with David Bennett AC casy who had acted then recently in the hanif case was the

17:53

Catalyst afterwards enrolling in the bar exam and then when you passed your honor

17:59

said you were almost pinching yourself in disbelief I imagine today is

18:05

similar the bars gain was someone who bought a wealth of legal law enforcement

18:10

understanding from your days at asek and the office of employment

18:16

Advocate a person with high level management skills someone who wanted to

18:21

contribute to law in a manner that was critical to the orderly functioning of

18:26

society your honor came with the intention of practicing criminal law starting at the bar can be daunting

18:35

but with the energy your honor bought to the 15 years at the bar you found a great deal of work in fact one recent

18:43

trial where youon had two days off a total in 11 months May well have been

18:49

helped Propel your honor to this bench nevertheless instructing

18:55

solicitors who the Law Society has spoken to say that you're on a never placed unreasonable expectations on

19:02

their working hours the view from the profession that I represent today was

19:08

extremely encouraging despite an Olympian's worth e ethic you were noted as

19:16

reassuring always respectful of instructing sista's Health embracing the

19:21

need to say go for a run or have weekends off your honor was noted for

19:27

being kind generous and considerate in all aspects of

19:33

Engagement one principal solista who worked with your honor for around eight years remarked on how great your honor

19:40

was at working closely with solicitors listening carefully and engaging with

19:45

the observations that they brought forward she said it always felt like you were in a team working on something

19:52

important together with a collaborative intelligent approach everyone was a part

19:57

of an approach adopted in all matters consistently regardless of how difficult

20:03

or how challenging they might be this and your many positive qualities as an

20:09

advocate made your honor an informal mentor to many solicitors your honor came to develop a

20:16

well-regarded criminal practice at the bar as instructing solicitors know there

20:22

you acted in hundreds of matters for legal aid and developed an appeals

20:27

practice your time at Frederick Jordan over the 3 years grounded you in this

20:33

and grew further as a member of Denman Chambers where you're honor practice for 10 years I know your honor has said you

20:41

loved your time at the bar you found your people and in turn I know the Denman

20:47

family are proud to see your honor here today so listeners who instructed your

20:53

honor there said your legal practice was exceptionally well organized and your legal knowledge was a Delight to

20:59

encounter the two main areas at Denman Chambers were employment and work health

21:05

and safety law and while uror was predominantly a criminal practitioner uror appeared in several work health and

21:12

safety matters in the district court and the Supreme Court often with Bruce

21:18

hodkinson other criminal matters such as Pullin around intensive correction

21:23

orders initially surprised you at just how big they became cases like Ray

21:29

versus R also made a serious impression there was of course news

21:35

coverage over this time of some high-profile matters as well as such

21:40

public practice took growing in your words a thick hide your honor has said that your legal

21:47

experiences in such matters will inform a very considered compassionate approach

21:53

for those appearing before your honor at the bench an awareness for both the individuals at the heart of matters as

22:00

well as the legal council as a calm courteous and fearless Advocate uron

22:07

brings to the bench deep experience with criminal matters The Evidence Act and

22:12

legal standards of proof among many aspects of law this will be of great value in

22:20

considering much of this Court's work including the criminal penalties in this

22:26

jurisdiction whilst today is a great loss for instructing solicitors there is

22:31

much joy in the profession that your honor now brings your marvelous legal talents and skills to this bench on this

22:38

momentous occasion 28 years since you first became a solicitor there are now

22:45

42,000 solicitors in New South Wales sincerely from the whole of the

22:50

profession we wish you the very best and congratulations your honor mate please

22:56

the court thank you m Mr

23:04

y may it please the court good morning president members of the commission

23:09

attorney colleagues comrades family and friends of Justice pacum I begin by

23:15

acknowledging the gical people the traditional owners of the lands on which we are gathered and pay my respects to

23:22

eld's past and present on behalf of Union's New South Wales the union

23:27

movement and the working people of New South Wales we extend our warmest welcome to Justice Jane pacum on your

23:34

appointment to the industrial relations commission and the Industrial Court we also wish to welcome your honor to the

23:40

broader industrial Community this commission is an important institution both in terms of

23:46

the industrial system of the state and the industrial history uh of this country in its

23:53

123e history this commission has set many labor standards that have become

23:58

national standards this commission is an institution that unions and employers

24:04

respect to resolve disputes in a fair and just way I'm honored to be here

24:09

today in a revived Industrial Court which will exercise restored Powers

24:15

including and importantly for our purposes today jurisdiction to deal with criminal offenses under the work health

24:22

and safety act your honor you bring extensive experience and distinctive expertise to

24:29

this commission your honor was called to the bar in 2009 your practice was

24:34

predominantly in criminal law which is unique to this bench in the past decade you have

24:40

successfully established yourself as one of the most respected advocates in the court of criminal appeal you have

24:46

appeared in many important cases including in the recent high-profile Clon case which by many accounts

24:52

including the attorneys today was a long and arduous uh matter producing some 30

24:58

or so judgments your honor your colleagues

25:03

describe you as a formidable Advocate with a wealth of knowledge and very Collegiate your Honor's unique skills in

25:11

criminal law will no doubt enrich the commission's consideration of all matters before it not least in its

25:17

restored criminal jurisdiction your honest Faith underscores your honor commitment to

25:24

fairness to Justice to compassion and to service in in both your professional and

25:29

private life in your honest professional life at the bar much of that practice

25:34

was dedicated to Legal Aid work those who know you say your

25:40

commitment to Legal Aid work was to ensure that Justice is widely accessible in the criminal law system and based on

25:46

a commitment to Public Service y's commitment to public service

25:52

and Justice was no doubt an important factor in your appointment to the uh to the court uh and in your honest personal

25:59

life and through your church you advocated for Refugee Rights and you supported meaningful initiatives to

26:05

better the lives of refugees in this country though I do not know you personally it is evident that you share

26:12

with the union movement a common dedication to the principles of fairness Justice and

26:18

compassion we have confidence that the moral Foundation of your honest faith will continue to guide your honest work

26:24

on the bench finally uh speaking as migrants to this country it is in incredibly

26:31

encouraging and inspiring to see diverse appointments to the court for me and

26:37

many of my colleagues it is confirmation that we have a place in this legal

26:42

profession and for the diverse members of unions this bench will give comfort

26:47

that their perspectives will be seen and heard and for this I wish to thank your honor Justice pacum and also Justice

26:54

chin For Your Excellence and being role models to us all once again on behalf of

27:01

unions New South wals and the new South WS union movement welcome and congratulations to your honor Justice

27:07

Jane pacum on your appointment to the industrial relations commission and Industrial Court may please the court

27:15

thank you Mr y m

27:24

rer if the cot pleases I also would like to start by acknowledging the traditional custodians of the land on

27:32

which we have gathered today the land of the gadal people of the Aur nation and

27:37

pay my respects to the elders past present and emerging I would also like

27:42

to extend my respect to our Aboriginal and tus straight Islander colleagues and Friends present

27:48

today today I am honored to appear on behalf of the premier's department and

27:54

on behalf of the department congratulate her honor your honor Justice Jane pacum

27:59

on your appointment to the Industrial Court and the industrial relations Commission of New South Wales this this appointment is an

28:07

important Milestone of the government's commitment to restructure the commission

28:12

and restore the Industrial Court as a court of superior record Deputy president pacum brings

28:19

extensive experience as a solicitor and Bara with particular expertise in

28:24

criminal law her professional background is impressive and

28:30

varied during her time working as a barrister at Denman Chambers she developed a robust practice focused

28:37

primarily on Criminal Appeals with involvement in work health and safety

28:43

matters as we' have heard throughout today's speeches Justice pacum is known for her

28:49

Collegiate approach to work always willing to discuss matters collaborate

28:55

and support colleagues with cases furthermore her talent in criminal

29:00

appell work was evident from the start she quickly became known for her success

29:05

rates in court appeals a clear Testament to your skill hard work and

29:12

dedication her honors work as a barrister was meaningful and of High Caliber she work closely with Bruce

29:19

hodkinson of senior Council on the workplace health and safety inquiry into

29:24

the dream world tragedy in Queensland you played a central role in the long long-running investigation into

29:32

large scale tax fraud and money laundering conspiracies as council with

29:38

recently appointed judge Paul Maguire SC the investigation known as operation

29:43

l Bruce resulted in a number of individuals being convicted and

29:49

sentenced with a range of tax crime offenses her honor is well respected by

29:54

her peers and colleagues you are descried described by many including her honor Chief Justice

30:01

mullum as a very very able appell Advocate who presents submissions

30:06

thoughtfully and with much welcomed enthusiasm I also note as others have

30:12

noted today that you have extensive experience in the public sector a key feature of this commission and and

30:19

court on a personal note it is inspiring to know the deputy president has strong

30:24

ties to her family and community I am told as we've already heard today

30:31

your that family is a central pillar in your life you're close your mother and

30:36

father a retired medical doctor who studied at the University of Sydney and who immigrated from carala South

30:44

India Heron grew up with a twin sister in Sydney and parts of regional New South Wales I understand that your faith

30:51

provides you with a strong moral compass and a sense of community which undoubtedly is a

30:58

positive influence in all aspects of your approach to Law And Justice this will undoubtedly help you

31:05

maintain Integrity compassion and a commitment to serving others qualities which were invaluable in your role as

31:12

Barrister and cic and will undoubtedly continue to guide you as you take on

31:17

responsibilities in the Industrial Court her honors her honors appointment to the Industrial Court is not just a

31:24

career Milestone but a recognition of your contribution to the legal profession and

31:31

your dedication in upholding Justice your journey from your father's

31:37

migration to Australia to your Stellar legal career reflects

31:42

resilience determination and a commitment to making a meaningful impact in your field the

31:50

premier's department is therefore very confident that Deputy president pacum will carry out her duties with

31:57

professionalism impartiality and fairness my the court as pleas call thank you Miss Rizo

32:05

Justice pacul thank you Mr attorney miss

32:11

ball uh Miss Rizzo and Mr yep for your very kind words I too acknowledge the gigal people

32:19

of the eora nation the traditional owners of the land on which this court stands and I pay my respect to their

32:25

Elders past present and emerging I am humbled to see so many

32:30

distinguished guests judges family friends and colleagues here today and

32:35

I'm honored by your attendance in particular I Thank The Honorable Justice Robert Beach Jones of

32:42

the high court of Australia The Honorable chief justice Andrew Bell Chief Justice of New South Wales and The

32:48

Honorable Justice Julie Ward president of the court of appeal for your attendance today I also thank those who traveled

32:55

from Interstate or Regional New South West wals to be here and those who changed their holiday their school

33:00

holiday plans to attend it's an enormous privilege to be

33:06

appointed as a Judicial officer of this court a new chapter in what for me has been a career of Public

33:13

Service I thank Justice Taylor and Justice chin for their confidence in me

33:18

and their collegiality I'm already enjoying working with you and looking forward to

33:23

the future of what this court holds I also thank the commissioners for their warm

33:30

welcome it is a particular honor to be part of the reestablishment of the Industrial

33:36

Court of New South Wales and I want to take this opportunity to thank the people who have supported the president

33:41

the vice president and myself in the 3 months since the appointments were announced it has been a Herculean effort

33:48

to have the court ready to operate on 1 July 2024 here in brid Street in particular by Mr Chris da Miss rebel

33:55

canar and her team they have done a terrific job and continue to provide us with excellent

34:01

support in addition as Justice Taylor said last week mizuna Doyle CEO of the

34:06

judicial commission and so many judges have been generous in giving us their time and the benefit of their experience

34:12

as we commence judicial life and I thank them also my past of this role is perhaps

34:20

unorthodox I first want to thank mom and dad for the support that they have given me throughout my life

34:30

they traveled to Sydney and back for my swearing in on one July it truly made my day to have them

34:38

there they are very much in my thoughts

34:44

today my father Tony panum's life is remarkable born in the village of mayanad in carola India on a date that

34:51

nobody is quite sure about but in approximately early 1931 he left home at the age of 11 at

34:58

which point he was essentially fending for himself by age 13 he was working as the

35:03

union representative in a Munitions Factory on butcher island in the later stages of World War

35:08

II with that start in life and very little formal secondary education he

35:13

nevertheless became a Sydney University educated and Royal Prince Alfred Hospital trained general

35:20

surgeon incidentally whatever it is that enabled him to cut people open I definitely did not inherit it

35:29

I'm therefore more than a little anxious about how I might fear in some of the more gruesome work health and safety matters that I anticipate will come

35:35

before the court I'm hoping that my very efficient tip staff Kyrie mman is not going to have to pick me up off the

35:43

floor dad arrived in Australia on 26 January 1952 he started as an

35:48

engineering student at Melbourne University before a work accident saw him present at a hospital where he told

35:54

the attending doctor that he had always wanted to do medicine having started his second year in

36:00

engineering he got a phone call telling him to present himself at Sydney University Medical Faculty for an

36:05

interview the following week he was accepted in order to pay his fees he

36:10

worked as a tram conductor he painted The Harbor Bridge and he worked on the wvs having done Arts law at Sydney

36:17

University myself many years later I was asked at a Sydney University function a couple of years back whether I was the

36:23

first in my family to study there I was proud to say that I was not that my father graduated from the

36:29

Medical Faculty in early 1960 and that some of his work is in the medical Museum

36:34

there dad was also very caring and compassionate towards his patients a characteristic that impressed

36:42

my mother Robin Stewart a trainee radiographer at the old western suburbs Hospital in croon where Dad was the new

36:49

medical superintendent as they say the rest is history and she and Dad married when she

36:55

was barely 21 the last Katherine heurn and Spencer Tracy film Guess Who's Coming to Dinner

37:01

is a favorite in our family as it is so much like their story according to mom

37:07

who must have had a good Jose of doy drayton's determination in her her mother's attitude to the marriage was

37:12

just like that of Katherine heurn and Dad the much older black doctor was like

37:17

Sydney portier but without the

37:22

height as is obvious I take after him in that department

37:28

like Dad mom had has a very strong work ethic in those times X-rays were

37:33

manually developed in a dark room and she became allergic to the fluid used to develop the films and had raters on her

37:40

arms it didn't stop her no doubt the stand that operating procedures in those days would not meet modern work health

37:47

and safety requirements the important role that this court will be playing in its work health and safety jurisdiction

37:53

will help ensure that those sorts of stories remain consigned to history

37:58

I would also not be here today without the support of my grandmother mom's mother Sheila Stewart her parents owned

38:04

the news agent at bright and the Sands during the second world war a business at the center of the local community

38:10

where kids were told stories about how they tried to hide the papers from my grandmother during the Battle of mil Bay

38:15

in Papa New Guinea where my grandfather Jeff Stewart was stationed with the Australian Army Nan would be very proud

38:20

if she was here today I also want to thank mom's brother Barry Stewart and his partner anab TCO

38:28

mom sister Jan Davis and her son Craig Davis and daughter Alex Chan for being

38:34

here to support me today at Sydney University I was a

38:39

resident of the women's college my own college experience was very different to the experience of residence at unsw's

38:46

new College where I was on the board for 10 years before stepping down in May the

38:51

sense of community and pastoral care at new college is second to none and I thank board members including board Chet

38:58

board chair Janet Simpson and College master associate Bill and College master

39:06

associate professor Bill Pearson who honor me with their attendance today as you have heard I went from

39:12

University into the Australian public service at the refugee review tribunal I then did a brief stint in private

39:19

practice but soon returned to government and my first experience in the industrial relations space at the office

39:24

of the employment Advocate it was in the legal compliance branch and it was there

39:29

that I got bitten by the law enforcement bug and so after 3 and a half years I headed off to asek to do criminal

39:36

investigations it was at ASC that I moved from a legal role into a management role and then to the ape task

39:43

force after which I was given the opportunity to head up the Australian Public Service commission's New South Wales office it was a privilege to work

39:51

for lenel Briggs AO and to benefit from her wisdom particularly during my stint

39:56

as part of the ex executive team when I was the acting Regional Services Branch head down in CRA but as you've heard I've decided

40:03

that I decided that life was too short to live in CRA So within a few short weeks of returning to Sydney having

40:10

attended an excellent seminar given by the then solicitor general David

40:16

Bennett AC KC to do the end of year CPD

40:21

Scramble for points and no doubt because of the confidence that I had gained from being a regional agency head operating

40:28

in a feif for service environment I started the process for coming to the bar as my executive coach for my Asic

40:35

days reminded me that I had told her when we reconnected years later it was something that I had always thought that

40:41

I would like to do I told myself that if it doesn't work

40:48

out I know the head of the office of every other Commonwealth agency with the presence in Sydney and someone will give me a

40:56

job and I knew that I wanted a criminal practice so I asked the head of the Sydney Office of the Commonwealth DPP to

41:02

recommend a tutor he made the excellent suggestion of Ian Burke now judge Burke

41:08

SC and Ian's guidance in those early months and Beyond was in accordance with the best traditions of the New South

41:14

Wales bar I have also greatly appreciated his ongoing friendship and I

41:19

delighted that he is here today I was also Ted by Peter Singleton

41:24

until his appointment to the New South Wales crime commission during the that year and I thank him for his input in my early

41:30

days I read at Frederick Jordan Chambers where Ian was in Chambers but just over 3 years into my career I joined Denman

41:37

Chambers where I later became the floor Treasurer I am so thankful for my 10

41:42

years at Denman Chambers it was a terrific Community it was there that I encountered work health and safety act

41:48

prosecutions for the first time working with Bruce hodgkinson amsc Martin Shum

41:54

and Colin McGee and I thank them for their support I also thank commissioner Dan O Sullivan

42:00

who introduced me to the floor Taran rraa who was an excellent sounding board for many of my Criminal Appeals Jeremy

42:07

Gourley SC and our Clark Michelle Bor sadly the Denman chapter came to a

42:14

close in early 2023 but the friendships remain I thank Sir Anthony Mason

42:19

Chambers for giving me a home over the last 15 months of my career at the bar in what is undoubtedly the nicest

42:25

workspace that I have ever had during my career I did a few criminal

42:31

trials as part of the prosecution team including very early on with the late Lionel Roberts KC and with judge Burke

42:38

and much more recently the 11-month plutus payroll trial as you have heard with now judge Paul Maguire SC Chris

42:45

Tran and our then fabulous instructing solicitor Edward mcginness now of seven Garfield Barwick Chambers all of whom I

42:52

also thank for coming today but I did literally hundreds of legal aid Indi appeal matters I thank

42:59

the legal aid commission's indictable appeals team for their support over many years as a long-term member of the New

43:05

South Wales bar association's legal aid committee I want to acknowledge those practitioners who donate many hours of

43:11

their time to appear for legal a clients the criminal justice system simply would

43:17

not function without the willingness of capable prati capable practitioners to support it at significant personal

43:24

cost my approval practice did not start well appearing in the court of appeal with Jim Johnson during my reading year

43:31

the wheels of my chair stuck in the carpet when I went to pull myself in at the commencement of the proceedings I can only imagine what

43:38

justices McFarland young and Sackville must have been thinking as the chair tipped over and I ended up in a heap on

43:45

the

43:50

floor Jim Johnson requested that my squeal be removed from the transcript and proceedings

44:01

happily things did pick up from there but it wasn't always smooth

44:06

sailing at her swearing in another of my valued mentors Justice Lucy mcallum as

44:12

her honor then was observed that she had lost plenty of cases for both sides I

44:18

however have the distinction of having managed to lose a criminal appeal for an offender when both sides of the bar

44:23

table submitted that I should win those Criminal Appeals are largely the

44:29

reason that I find myself sitting here today and my criminal appeal practice is the

44:37

result of the support from one person in

44:44

[Applause] particular judge War hunt who got my

44:49

appeal practice started and supported me to get onto the legal aid panel from which most of my work then

44:55

flowed I so so thankful both to and for you for your support and friendship over

45:01

the last 15 years even though you did once tell me your two 12-year-olds were taller than

45:08

me having already found me my fabulous associate Katie sin I hope you are

45:13

willing to again be my phoner friend as I embark on judicial life because your efficiency in running the Lis in 3.1 is

45:21

widely known in criminal law circles and as I'm now going to be doing the work health and safety list among other

45:26

things I'm you can give me some tips but I would not be here without the

45:31

support that I've had outside the law Mark and Carrie McCarthy and Alex and Susanna Pinter have made me members

45:37

of each of their families involving me in their lives and God parenting their children it is so special to have you

45:44

and some of those children here today my church family at St Maas have been so genuinely excited by my

45:51

appointment and there are lots of you here today it is such a joy to do life with you week in and week out your care

45:57

of me during the co lockdowns and the long running Cranston trial were a demonstration of what Christian family

46:03

is supposed to look like and to my twin sister

46:10

Lisa who has been with me from the start and to her husband Simon who

46:17

tolerates us spending hours on the phone most weeks thank you for your love support and encouragement over the years

46:24

I would not be here today without you I'm well aware that while it was a work

46:30

accident that gave my father the opportunity to do what he had always wanted to do in life most people in that

46:35

position are much less fortunate on one July I swore the ODS of office seeking

46:41

God's help as I undertake the responsibilities of my new role I will endeavor with that help to honor the

46:47

great privilege shown to me by being appointed to this court let close the

46:53

court the commission is about to adjourn everyone is uh very welcome to join us

46:59

for morning tea in the room directly behind where we're sitting if the commission can now be aged all stand

47:35

I did I did

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