The High Court entered a new era in its 105-year history yesterday with the swearing in of its new Chief Justice, Robert French.
With his wife and three children proudly looking on, Chief Justice French became the first West Australian appointed to the nation's most senior judicial role, a position the former Federal Court judge will hold for the next nine years.
The best and brightest legal minds once again assembled in the High Court's courtroom 1, three days after gathering to farewell the retiring Chief Justice Murray Gleeson, who turned the compulsory retirement age of 70 on Saturday.
Praise for the incumbent flowed from all sectors of the Australian legal community, which holds him in high regard for his fairness, efficiency, patience and sense of humour.
Almost all of yesterday's speakers quoted one or more of Chief Justice French's one-liners that he has delivered in speeches, court hearings and academic papers over the years.
Federal Attorney-General pondered whether Chief Justice French's fitness tips that have proved popular in Perth, such as the one about using the stairs instead of the lift, would prove as popular in the High Court, where the judges' chambers are located on the ninth floor.
Chief Justice French told The Canberra Times yesterday that one of the biggest issues facing Australian courts was upholding the separation-of-powers doctrine, which requires the judiciary to be independent from the executive and legislative arms of government.
''The real issue that people are concerned about, and I think it's a legitimate issue, is maintaining the separation of powers so that the judges stay within their proper sphere of operation and don't trespass upon that of the Parliament, nor do they second-guess the executive on its decisions, save for lawfulness and fair process,'' he said in his new chambers.
But the biggest issue facing the legal sector, he said, was about the cost and access to justice.
''I think the biggest the challenge that obviously faces us is dealing with the issues of cost and delay, and the associated problem of access to justice.
''Then there's the whole issue of the cost of legal services generally. Now I'm not pointing the finger at anyone, but with smaller litigants the cost of legal services is such that for many of them it might well be seen as an obstacle to obtaining justice through the court system.''Chief Justice French has set up a permanent base in Barton, as he expects to spend most of his time in Canberra. His wife, WA District Court Judge Valerie French, will join him when she retires in February, but they will keep their Perth home.
''Because I think he's going to need a lot of support and otherwise we wouldn't see each other. I'll find out the delights of Canberra,'' Judge French said.
The couple's two older sons, Robert, 30, Tom, 27, have followed in their parents' footsteps and work in law firms, while the youngest, Andrew, 25, has chosen a career in accounting and finance. Andrew beamed with pride yesterday, describing his father as ''the hardest-working person I know''.
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