Ceremonial Sitting Honourable Associate Justice Michael Daly

His Honour: I’m honoured to announce that this morning I was appointed by her excellency the Governor as the Associate Judge of the Supreme Court of Tasmania. Let the appointment be read.

Registrar: Instrument of appointment. I, the Honourable Barbara Baker, companion of the Order of Australia, Governor in and over the state of Tasmania and its dependencies in the Commonwealth of Australia, in exercise of the powers conferred upon me by s4 of the Supreme Court Act 1959 and acting with the advice of executive counsel, hereby appoint Michael Frances Daly as Associate Judge of the Supreme Court of Tasmania, on following terms and conditions.

This appointment commences on 29 April 2024. Remuneration and allowances are to be paid in accordance with the Supreme Court Act 1959. Given under my hand at Hobart in Tasmania on 13 February 2024, signed by her excellency the Governor, and counter-signed by her excellency’s command by the Honourable Guy Barnett, Attorney-General and Minister for Justice.

His Honour: Thank you, registrar. Mr Attorney.

Attorney-General: Thank you, your Honour. On behalf of the Tasmanian Government and the people of our State, I have the privilege today of welcoming you to your role as the Associate Judge of the Supreme Court of Tasmania. Your Honour is well-known as the Deputy Chief Magistrate, a role you have held for 13 years, having previously been a magistrate for four years, starting with a year as a full-time temporary magistrate.

You began your practice in the law in 1994 in Launceston, then three years later you moved to Hobart with the same firm as managing practitioner. Your practice as a barrister and solicitor was a broad one and it stood you in good stead for your move to the bar in 2001. You worked as a barrister for six years before being appointed as a magistrate, and your Honour has always taken on leadership roles within the profession, and you have always been at the cutting edge of new developments in the law.

Typically, and reflecting the way that you operate, the level of research that you put into consideration of any new proposal is exceptional. You have always – you’ve always have to hand the latest academic research, have often attended conferences or seminars in relation to the topic, and are always very likely to have directly contacted the pre-eminent experts in the particular field to ensure that you have gained a full understanding of the area and can make the best possible assessment of it.

An example of Your Honour’s commitment to developments and improvements in the justice system is Your Honour’s role in developing the Youth Justice Division in the Magistrates Court. The changes to the Youth Justice Division were made with a view to improving timeliness, developing specialist expertise, better co-ordination of youth justice services to the Court, and increasing collaboration between government and non-government agencies. It is hard to imagine a more successful pilot which has resulted in a highly successful division of the Magistrates Court.

Your Honour has also enthusiastically supported other therapeutic approaches such as a court-mandated diversion to improve the approach to offenders whose criminal behaviour arises from their drug use. Your Honour has even been willing to step outside what might be regarded as the comfort zone of a judicial officer and agree to appear in a television documentary on the CMD program with a view to educating the public about drug treatment orders and the benefits they can provide.

You will be the first Associate Judge of the Supreme Court to exercise both criminal and civil jurisdiction, and in doing so, will assist in the case management of a broad range of matters. Your experience in the Magistrates Court places you very well to deal with this work, and your commitment to ensuring that every appearance before you is meaningful, progresses the matter and will play a significant part in the effective case management of both civil and criminal matters.

The position of Associate Judge was previously entitled ‘Master’. The change of name to Associate Judge occurred in 2008. The Supreme Court of Tasmania is celebrating its bicentennial this year, having been created by the third charter of justice in 1824. And despite the long and proud history of this Court, which I was pleased – which I am pleased will be celebrated next month, your Honour will be only the second Associate Judge of this Court, and the fifth to hold the position, however described.

The reason so few have held this role is that the office of Master of the Supreme Court was abolished in 1858 and was not revived until the commencement of the Supreme Court Act in 1959. With the reinvigoration of the position in 1959, legislative amendment empowered the Masters sitting in chambers to deal with an expanded civil jurisdiction. So, the stated hope at that time was to relieve pressure on the judges, and to expedite the hearing of chamber applications.

That remains a goal, albeit in circumstances where the workload of the Court has increased considerably, and I have no doubt that your Honour will play a significant role in the achievement of that aim. So, on behalf of the Government, I congratulate you on your appointment as Associate Judge of the Supreme Court of Tasmania, and I wish you a long, distinguished, and satisfying career. If your Honour pleases.

His Honour: Thank you, Mr Attorney. Ms Higgins.

Ms Higgins: On behalf of the Law Society of Tasmania, I congratulate your Honour on your appointment as Associate Judge of the Supreme Court. In seeking information from members of the Tasmanian profession, members of the Tasmanian judiciary, and in fact this Court and Magistrates, I noted a very consistent theme and description of your Honour. Your Honour has been described as kind, passionate, determined, engaged, interesting, and enthusiastic. Those comments and statements about your Honour were consistent in relation to your legal career, which has now spanned over three decades.

Like my friend, I was reminded that law was your second career path, and many in Launceston can still recall with fondness when you were working as a hairdresser. In fact, Mr Tucker, who’s known for having a bit of a cheeky persona, stated to me only on Friday that you were his hairdresser and perhaps that is the reason why he has very little hair. I am told though that it was those early days that when you were working as a hairdresser that your social paths crossed with several Launceston practitioners. That was the beginning of what have been lifelong friendships as well as a development of your interest in law.

You were described as being a listener, very easy to talk to, as initially they shared their stories with you about practicing law. You showed interest and were enthusiastic about what they were doing. These practitioners, and now your colleagues, were impressed by your knowledge, and one has described you as being a very impressive young person.

You spoke to the Launceston practitioners about a career change. You were encouraged to study law and encouraged to go on this career path. This, of course, led to you going on to study law yourself, and you were observed by many to be a very hard worker. And that determination shone through as you were at university. You graduated in 1993, as stated by my friend, and then were admitted to practice on the 9th of September 1994. As stated, you commenced your career at Rae & Partners in Launceston and then Hobart.

You are described as being popular among your peers in Launceston. And in fact, I am told that you were inducted into the profession at a long lunch at Shrimps Restaurant in Launceston. It was a very long day, and apparently the next day when you arrived at the office, you only had one shoe. Your other shoe apparently went missing that night, and I was told it is perhaps your wife who might be able to assist with an explanation as to where that missing shoe is.

You were very much embraced by your colleagues at Rae & Partners, as well as Launceston. And in fact, Mr Ross Hart is here today, and Ms Kerrison, who I’ve spoken to, spoke very fondly of their time of working with you. You were described as being consistent, a hard worker. You were supportive to the younger practitioners, particularly as they were undergoing their apprenticeship and studying through the legal practice course.

In fact, Ms Kerrison can still remember being asked as she handed you her work, whether it was her work or that of her mentor, Mr Daly. You were described as being a great believer and supporter of collegiality in the profession, and as a result, you embraced social opportunities, including circuit dinners in Launceston. I did receive a number of stories, but unfortunately they’re not for sharing with the Court today.

You sought advice from your colleagues and were encouraged to go to the bar, and in 2001 you commenced at Malthouse Chambers. You were initially concerned about the possible lack of work, but your Honour should have had no reason to have been concerned, because I’m told you absolutely thrived. You act as a junior counsel at the Gilovich Royal Commission, and senior counsel was very impressed by you so you ended up taking over, and he still can recall how impressed he was today when I spoke to him.

You were again supported by your colleagues when the opportunity arose for you to take on the position as magistrate, and a position now you’ve held since 2007, some 17 years. You are highly regarded by magistrates and practitioners. Magistrate Stanton shared with me that you have extensive IT knowledge and you’ve played a significant role in relation to the Justice Connect program, which of course included travelling to South Australia to look at their systems.

You are going to be missed in relation to your input with that and particularly your enthusiasm, which of course is consistent with the feedback that you always give one hundred per cent. Mr Stanton fondly describes the trip to South Australia, and it wasn’t just because of your knowledge of the IT system, but also of your knowledge of the area and apparently the shops, and in particular a desire to find a specific hat that you were looking for while there.

Outside of the law, you are known for your passion for your family who are here today to support you, as well as your passion for music and your music career which has spanned even longer than your legal career. Your love for music and playing in a band is an interest you’ve retained throughout your legal career.

Practitioners from Archer Bushby who – which was on Charles Street, can still recall very early on hearing band practice from the old C.H. Smith warehouse when they were working, particularly on Sunday afternoons, and then later found out that that was in fact your band. You are an inspiration to the Tasmanian profession, and once again, congratulations on behalf of the Law Society of Tasmania. May it please.

His Honour: Thank you, Ms Higgins. Mr Read.

Mr Read SC: If it please, your Honour. On behalf of the Tasmanian bar, it is my privilege to congratulate your Honour on your appointment to Associate Justice of the Supreme Court. I rise today in the absence of our President, Mr Cox. You can tell the Court that he’s been detained, but happily not at his Majesty’s pleasure.

Your Honour, I recall when you arrived at Malthouse Chambers in 2001. At the same time in Malthouse Chambers, there were two – by then, still perhaps young gentlemen, known as Sealy and O’Farrell. Both of them went on to become Solicitor-General. We remember well that you’d come down to what we called Malthouse South, from your office in the upper storey, and that you’d be on your way down to the Magistrates Court.

Sealy would ask you for some details about the case, and in typical fashion, he’d say, “Hm, yes, yes, I think you could argue the Magna Carta on that.” So off your Honour would go, down to petty sessions as we called it. And over a red wine in the evening, Sealy would say to you, “How did you get on, Daly?” “Oh, not so well, Magna Carta argument didn’t go so well.” Now, your Honour is very much your own man these days, and certainly very quickly became your own man in Malthouse Chambers and had an outstanding career as a barrister before moving to the bench.

I won’t delve any deeper into your pocket, your Honour, except to say a few things. That you have been an excellent judicial officer for many years. The Attorney spoke about the work you’ve done in the Youth Justice Department. I read the Commission of Inquiry report. Not too many people escaped from that smelling of roses. One Magistrate Daly did, for the work that you have done for youth justice. And that is very important. Your Honour brought a real trauma-informed approach to that aspect of your task.

Your demeanour and temperament is second to none. You are well regarded in respected by all the profession, especially, I would say, that those of our members who appear before you. Solutions rather than obstacles, I suggest, is your mantra. And those who appear before you from the profession, receive a fair and courteous hearing and a just result. No more should and could be expected at the positions you have held.

Outside the confounds of the court room – the confines, I should say, of the court room, although there are some confounds – you are a friendly and well-liked member of the profession, happy to have a laugh and a joke. And of course, you are famous for your lengthy involvement as the guitarist in the band the 120 Years. I suspect that that is an old name and it might now be about the 240 Years. Your Honour, you will be missed in the Magistrates Court, but you certainly have bigger fish to fry in this most important job that you are going into. You will have many challenges ahead in organising the criminal list, but I notice that the Director of Public Prosecutions is laying in wait for you already.

Your Honour, I’m old enough to remember three Masters. His Honour Mr Brettingham-Moore, who became a judge of this Court, was well known as ‘Bretty’, very fondly known as ‘Bretty’. He was then followed by Rick Southee as Master, and he was perhaps more irreverently known as ‘Harry the Horse’. Not quite sure where Rick got that name from. And then came your predecessor, Holt AJ, who was known to some at least, as ‘the Weapon’. Your Honour will work for your own nickname, no doubt, but you may never know what it is.

Your Honour, I should finish by formally recognising you are a former member of the Tasmanian Bar, and we welcome your appointment warmly and proudly, and wish you all the best in your new and well deserved commission. If it please.

Daly AsJ: Thank you, Mr Read. The Court acknowledges the original people of the land here on which the Court sits, the muwinina people. And I pay my respects to the Aboriginal people of lutruwita/Tasmania, the palawa people.

The Court today is honoured, as I am, by the presence of her excellency, the Governor, the Honourable Barbara Baker, AC and Emeritus Professor Chalmers, Chief Magistrate Geason, Magistrates Webster, Marron, and Duvnjak, Terry McGuire J of the Federal Circuit and Family Court, former Chief Justices the Honourable Sir Guy Green and the Honourable Bill Cox AC who personify the rich legacy of the Court and the high standards which I must uphold as the Associate Judge.

I’m also honoured by the men and women of the Tasmanian legal profession, too many to name or honour individually. I welcome honoured guests, family, and friends. Mr Read and Mr Cox – sorry, Mr Read and Ms Higgins, I hope you’re both insured by policies of insurance extending to misleading statements. Mr Attorney, I can extend no such admonition to you, only my thanks. I’m very grateful for the generous and kind remarks which, given the occasion, will have to remain on the record, undisturbed by the truth.

I commence by making special mention of the attendance of my family, my mother Elizabeth, my brother Mark and his partner Kelly, my wife Becky, my sons Christopher and James, my daughter Amy was prevented from being here by illness, my nieces Ashley and Georgina, her partner Elle, and my aunt Margaret and my mother-in-law Pauline. My father passed away in 2020 and his absence is keenly felt today.

While this is the fourth time I’ve taken the judicial oath, it is my first ceremonial sitting, so I hope you’ll all excuse my nerves. These ceremonies mark continuity and change within the legal profession, and I’m pleased to be able to share such an occasion today with you all. Some of you have travelled a great distance to be here, and it means a great deal to me. I’m grateful for the many messages of support that I’ve received from my colleagues and the judiciary, legal profession, and more widely, which have provided me with very welcome encouragement.

I am the fifth person in the 200 year history of the Court to fill the role previously called ‘the Master’. Sadly, from my son’s perspective, no longer called the Master. But I feel a sense of improbability in relation to the whole affair. As a result of a lamentable lack of application at school and a resulting lack of any pre-tertiary qualification, my working life began, as Ms Higgins said, with me whiling away four carefree and wonderful years in Launceston training and qualifying as a hairdresser, during which time I learned a great deal about life in general, and the skill of effective communication in particular, in addition to mastering the skills of that most useful trade.

During that time, I met the people who deserve credit for fostering my interest in the law and influencing me to return to study, particularly David Porter and John Kable. After completing my degree, it was my further good fortune that David Porter was the director of my legal practice course, a course I really loved and which imparted a great deal of practical learning and a great deal of enthusiasm in me for the practice of law at a critical early stage of my career.

It was an interesting class of people. Also in that year were former Premier and Attorney-General Will Hodgman, former Attorney-General the late Vanessa Goodwin, Elise Archer, Jago J of this Court, O’Rourke J of the District Court of New South Wales, recently appointed Neskovcin J of the Federal Court of Australia, Deputy DPP Linda Mason, among others. David Porter wrote at the end of that that he hoped at least some of what had been taught to us would stand us in good stead, and it appears that it probably did.

As you’ve been told, I went to work in Launceston at Bishop Gunton Rae, which soon after became Rae & Partners. I was apprenticed to Ross Hart, who I see here today. He had a vastly varied practice and I learned a great deal from him. He was the president of the Law Society at the time, so I probably got to spend a bit more time with his files than might otherwise have been the case.

Michael Brett, now Brett J of this Court, had recently commenced in that firm, having relocated from Queensland. And he at least tried to teach me a lot about the law, but particularly the practice of the criminal law. And it was an enormous privilege to work with him and with Ross Hart, but particularly, we were all impressed by Michael Brett’s highly ethical and intellectually rigorous approach to the law, and it was also a huge privilege to observe up close his quiet and effective advocacy. Working with him as a magistrate also taught me a great deal.

Becky and I moved to Hobart in 1997 and as you’ve heard, in 2000 2001 or thereabouts, I was invited to join Malthouse Chambers as a junior barrister. Unlike today, there wasn’t much of a junior bar to speak of at that time, but it was a wonderful six or seven years at Malthouse, and there was a very high level of collegiality as you’ve heard, and I acknowledge the support and assistance I was given there by David Porter, Stephen Estcourt, Leigh Sealy, Ken Read, Michael O’Farrell. And it was a pretty magical time, really.

My career as a judicial officer commenced as a magistrate with my appointment only having expired last night, midnight. I owe a very great deal to the former Chief Magistrate Michael Hill, from whom I learnt much about judicial administration, particularly specialist Courts and the problem-solving methodology integral to their success. I must also mention the dear departed Peter Dixon who was also a great example and mentor to me and other new magistrates, and a wonderful colleague from whom I learnt so much about court craft and judicial decision-making.

The Magistrates Court of Tasmania is a very collegiate court to work in, it’s magistrates highly productive, it’s work is rightly respected. It was a privilege to serve the people of Tasmania as a magistrate and especially as Deputy Chief Magistrate, particularly with the Chief I worked with most closely over the last seven years or so, Catherine Geason.

It was very pleasing for me, at least, or is very pleasing for me at least, to be able to work again with the judges of this Court who were appointed from the Magistracy, Wood, Pearce, Brett, and Jago JJ. I would like to express my thanks to the Registrar, Ms Ikedife, and your staff, particularly Gordon Taylor and Karen Dean for all the warmth and thorough assistance that I’ve been given in making the transition to this Court.

I’ll say something brief about the new dimensions to the role that the attorney has adverted to. The evolution of the Associate Judge’s jurisdiction to include crime is a significant development, and introduced as part of the – well, part of ensuring the increased efficiency of the Court. There’s obviously much interest in what this all means in a practical sense.

The change to the criminal code conferring the additional jurisdiction said nothing, of course, about the practice and procedure, which will take some time and some care to develop. While the development of any new procedures will eventually entail the responsibility for the listing of matters being transferred from the DPP to the Court, it is acknowledged that such a change an associate – associated changes are significant and they’re ones which will have a wide impact.

I can safely say that any change will be the result of a careful and collaborative approach. A good lesson I learned at the Magistrates Court was that chaos theory can operate in a judicial system, just as it does in nature. In judicial systems, as in – or in judicial administration as in meteorology, the butterfly effect is real. A small change in the airflow caused by a butterfly flapping its wings can influence the subsequent tornado.

Little changes can have large consequences, and so recognising all of that before any dramatic changes are made, there needs to be an understanding of the impact of any such changes on the resources of the Court, the resources of those working in and around it. From my perspective, I’m anxious to ensure that any change is sustainable and doesn’t unnecessarily add to the already high levels of stress under which we all work in the judicial system, particularly in the criminal justice system.

I think that I can give hope to those who want to see that any change will be well thought out and executed, and hopefully some comfort to those who fear that reform in court proceedings isn’t always involving improvement. I’m confident that the expanded jurisdiction of the Associate Judge can be developed and exercised in a way that will increase the confidence with which the community has in the administration of justice in Tasmania.

I’m truly honoured to have been appointed as the Associate Judge of this Court. Thank you all for your attendance. I will now adjourn.

The Court Adjourned