From: Hugh Marshall SC

Subject: Bar Council Elections

Dear Colleagues,
Your email privacy has no doubt been violated by unsolicited mail
concerning the upcoming election for Bar Council, at which I have allowed my name to be
put forward as a candidate for election. I apologise in advance for the addition of yet
another plea for your vote.
As the pre-eminent Common Law Chambers in Sydney, we have experienced
the legislative incursions into our practices and the risible procedural obstacles involving
costs obligations, more than most other sets of Chambers. We have endured those
without much support, it seems to me, from the Bar Council. In recent time, many of you
have questioned what, if anything, Bar Council has done to try to arrest the continuation of
this trend. If the commissioning of child care centres and the support of knitting clubs is
advancing the cause of the Common Law Bar, I have clearly overlooked the impact of
these improvements. Like many of you, I have witnessed the politicisation of the Council
and wondered what possible benefit there is to our practices, of press releases crowing
moral outrage about matters of no conceivable nexus to what we do, or even to the
broader practice of a Barrister.
Now we are exhorted to vote for the status quo ticket, or the neutrality ticket,
or the QC or SC bloc, even the unfounded assertions party. Wheelahan QC introduced
some comic perspective by remembering that some years ago, even the party party party
Party achieved some 500 or so votes in a Federal election. For those of us who practice in
the common law world, this election presents a bewildering collocation of candidates,
some of whom would have difficulty identifying, let alone dealing with, some of the daily
demons inflicted upon the common lawyer. Frankly, the impression I get, is that most of
them wouldnt care what happened to the Common Law Bar.
Might I suggest that you look through the list of candidates, identify the common
lawyers amongst them and make your selection from amongst their number. They are the
only ones who can identify with the difficulties that the practice of the common law entails.
For those of you that care what I think, or what policy I would support if I were
elected, the following is a guideline:
1.
I support Bennett QCs views about the involvement of Bar Council, supposedly
representing the NSW Bar Association, in the political affairs of the country. It shouldnt.
2.
There should be greater transparency in the deliberations and decisions of Bar
Council.
3.
The Government should be made aware just how difficult it is to practice as a
common lawyer in this repressive legislative climate. As Ipp QC is reported to have
conceded, the reformation of the common law went too far. It is time that process should
be turned back.
4.
And incidentally, I still support the legislative change to permit the right of members
of the inner bar to choose which post nominals they practice with.
Whatever you do, at least vote!
Kind Regards,
Hugh