Allsop, Justice James --- "Farewell sitting of the Full Court for the Honourable Chief Justice Allsop AC - Brisbane" (FCA) [2023] FedJSchol 9

Judicial power cannot be defined, but it can be articulated. When wielded or deployed, it is felt emotionally and physically. At the sentence of a person, at the pronouncement of the order of custody, at the sequestration of property, at the judgment for money that may presage ruin. These deeply moving, and sometimes indeed harmful, acts must come from persons or forms that are disinterested, fair, decent, human in character and appearance, yet aloof and abstracted to a degree. Trusted and respected in wisdom and learning with a recognition that they act selflessly, charged as manifestations of just State power, though with humanity that necessarily involves the possibility of human failing. Such people, as agents of the State, are to be free of partisan considerations, anger or love: hence the judicial oath aEUR" without fear or favour, affection or ill will. That is the importance of the judicial oath and of the concepting, understanding and reliance upon any independent judiciary.

Your Honour has lived that assessment. At your Honour's Brisbane welcome to this Court in 2013, aside from the presentation of a maroon sports jersey by the Bar, my predecessor remarked about the profession's profoundest admiration for your contribution to the profession, your legal intellect and the humanitarian way you apply it. In the 10 years between then and now, your Honour has only reinforced the aptness of that observation. Chief Justice, during the course of your Honour's multifaceted career we, Queenslanders, look with fondness upon the time you spent your teaching your beloved maritime law part time at our very own University of Queensland.

Indeed, your love of the law of the sea has earned your Honour epithets and admiration from the profession, no less for being able to draw upon the proper distinction between contracts of bottomry and respondentia. We trust that in your retirement this love of the sea and all its law may continue. Your Honour has frequently engaged with the Queensland Law Society, and we are especially grateful to your Honour for supporting the QLS Symposium over the years and updating the profession with knowledge and skills. Your Honour has even joined with our ADR committee for discussion of the benefits of a dispute resolution hub, and the Court's interest in opportunities for the expansive resolution of disputes.

The amicable and predicable resolution of disputes in our local pacific region remains a topic upon which Queensland lawyers have much to contribute, and we remain grateful for your Honour's wisdom and guidance. In every respect, your Honour has uplifted the Court by your service to the people and Commonwealth and, indeed, uplifted each Court you have served in. On behalf of the solicitors of Queensland, I wish your Honour all the best for the adventures advantage that lay before you. May it please the Court.

ALLSOP CJ: Thank you, Ms Kopilovic. Justice Rangiah.

RANGIAH J: The retirement of our Chief Justice is a sad occasion for the Court, but this ceremony provides an opportunity for the Queensland Judges to reflect upon his leadership of the Court over the last 10 years and his impact and legacy.

Unfortunately, Justices, Collier, Logan and Downes have been unable to attend because of commitments interstate or overseas. They would very much have liked to have been here.

Chief Justice Allsop has led the Court at a time of great change and transition. These changes have been technological, cultural and generational.

An important aspect of the Court's transition has involved technological change. The Court transitioned in 2014 from paper-based files to an electronic file system. That transition was completed under the Chief Justice's stewardship although it had commenced earlier. The Chief Justice's willingness to embrace that change and guide the Court through it has produced outstanding long-term results. Any member of the legal profession and the Court staff will recognise the tremendous efficiencies that have been achieved. That transition required vision and foresight.

The prescience of the Chief Justice's embrace of technological change was realised in 2020 during the COVID-19 pandemic. His leadership of the Court during that difficult period was exemplary. While many Courts were struggling because of paper-based filing systems and the need for in-person hearings, the Federal Court was able to continue its work substantially uninterrupted because of its adoption of the electronic file system and video technology. Given the transnational nature of the Federal Court's jurisdiction and difficulties with interstate travel, that would not have been possible without the technological changes led by the Chief Justice.

The Chief Justice has overseen a cultural shift in the Federal Court transforming it into a truly national Court. There is a delicate balance between the national character of the Court and its legislative model involving separate State-based registries. The Chief Justice has introduced measures to make it a more national rather than State-based Court including by creating a single centralised National Operations Registry, establishing nine practice areas and promoting Judges working nationally within those practice areas rather than just within their particular State. The channelling of Judges into particular practice areas has also seen a significant degree of specialisation, mirroring changes that have occurred within the legal profession.

There has been tremendous generational change within the Court during the Chief Justice's term. For example, since the beginning COVID-19 there have been 16 retirements and 16 new Judges appointed. This represents a turnover of more than 25 per cent in just the last three years alone. The retirements have generally resulted in the replacement of Judges aged about 70 with Judges aged, perhaps, 20 to 25 years younger. The Chief Justice has overseen the Court at a time of great generational as well as cultural change.

On a more personal level, I can say that the Chief Justice has been unhesitatingly supportive of the Judges when we have needed support. He has been a fiercely loyal supporter of all of us. Justices Collier and Logan particularly wanted me to mention his support for their important work as Judges of the National and Supreme Courts of Papua New Guinea.

Finally, Chief Justice Allsop has been the undoubted intellectual leader of the Court. He is a brilliant Judge, and it has been a privilege to serve on the Court with him.

Chief Justice, you will be greatly missed by all of us.

ALLSOP CJ: Thank you, Justice Rangiah. Thank you all for coming. I very much appreciate it, very deeply appreciate it. The Court will now adjourn.

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