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Rares, Justice Steven --- "Full Court sitting to receive announcements of appointment of Senior Counsel for the State of New South Wales" (FCA) [2023] FedJSchol 14

A custom has of late years prevailed of granting letters patent of precedence to such barristers, as the crown thinks proper to honour with that mark of distinction: whereby they are intitled to such rank and pre-audience as are assigned in their respective patents; sometimes next after the king's attorney general, but usually next after his majestyaEURtms counsel then being.

These (as well as the queen's attorney and solicitor general) rank promiscuously with the king's counsel, and together with them fit within the bar of the respective courts: but receive no salaries, and are not sworn; and therefore are at liberty to be retained in causes against the crown.

And all other serjeants and barristers indiscriminately (except in the court of common pleas where only serjeants are admitted) may take upon them the protection and defence of any suitors, whether plaintiff or defendant; who are therefore called their clients, like the dependants upon the ancient Roman orators.

5 You can feel relieved, perhaps, that the former titles of two of the most experienced barristers with assigned seating in the Court of Exchequer aEUR" the aEURoepostmanaEUR and the aEURoetubmanaEUR aEUR" have not crept into the 21st Century.

6 You now take your place as leaders of the bar in two senses aEUR" obviously you will now lead your juniors but you also will play a role in setting the standards for, and being examples of, honesty, integrity, professional norms and excellence. The public and the legal profession will look to how you conduct yourselves as advocates and members of our community. It is not only a large responsibility, but an honour and a privilege to appear for a client, presenting his, her or its case fearlessly, however popular or unpopular the client or the case may be, while adhering to the standards that I have identified.

7 The judges of the Court and I congratulate each of you on taking silk and look forward to your future assistance to us in the administration of justice in our country.



15th ed, Vol 3, 1809 at pages 27-28.

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