ring rust (n) ( 20th century) a collective noun; a colloquial expression from the sport of boxing to describe a boxer who has not had a fight for many months.

The sport of boxing has supplied many expressions which have wider application. Examples being,’throw the towel in’, ’on the ropes’ and ‘down for the count’. A boxer with ‘ring rust’ is at acute vulnerability the next time he or she steps into the ring for a fight. The most challenging time is the first few rounds of the bout. I feel the same applies to a barrister after a long holiday and the first serious case back in court. Like boxing successful litigation requires you to have good reflexes and to be ‘on your toes’. As I get older the ‘ring rust’ after the summer holidays seems more debilitating.

 

Congratulations to Melbourne barrister Stuart Wood,QC who was recognised in the Australia Day Honours’ list for services to industrial relations and the law. Stuart was the subject of a Workplace Review interview found at Volume 9 WR 39. Well done Stuart Wood, AM, QC!

 

Talking of my years at the bar this year marks my thirty seventh year in full time continuous practice. Last Friday night I had the pleasure to attend Max Kimber, SC’s celebration of forty years as a barrister. Max has had a wonderful career at the bar particularly in the area of employment law and industrial relations. He was made silk in 1999. He has become one Australia’s most talented and successful mediators.

As a student at the University of New South  Wales he was lectured by Richard Kenzie,QC who spoke at Max’s party. He spoke of Max as one of those students whom lecturers fear… intelligent, irreverent and opinionated. Attending the celebration amongst many of his friends and colleagues was the deputy Chief Justice of the Family Law Court and former Federal Attorney General, Robert McClelland. McClelland and Kimber have known each other since high school days when they respectively attended Blakehurst and North Kingsgrove High Schools in the St George area of Sydney. Their paths crossed when they were both involved in high school musical theatre. As the celebration continued a number of show tunes were belted out to prove that neither of them had lost their musical talent.

In January this year I attended the swearing as President of the Workers Compensation Commission of New South Wales and as a judge of the District Court my younger brother Gerard. The New South Wales Attorney General, Mark Speakman, SC spoke on behalf of the bar and the President of the Law Society of NSW, Elisabeth Espinosa spoke for the state’s soilcitors. Gerard had practised extensively as a solicitor in employment and safety law. He has been both a partner of law firms Carroll & O’Dea and later K&L Gates (formerly Middletons).  In his speech he thanked all those who had been his mentors and colleagues in his thirty year career as a solicitor. He put the cross hairs on me recalling that the only time we had been in court opposing each other was before the late George Miller who was sitting as Chief Industrial Magistrate in the regional city of Orange. Gerard was appearing for the then WorkCover  Authority prosecuting my client for a safety breach . We had asked Mr Miller to complete the case in time for both of us to catch the CountryLink train that afternoon so we could have dinner that night with our parents in Dubbo. Sibling rivalry during the case was intense and after one contretemps the Chief Industrial Magistrate said, “If you two don’t behave yourselves I am going to ring up your mother”. Gerard recounted (happily for him) that he won the case.

On a more sombre note over the summer break saw the passing of two well-known practitioners in employment law, former barrister and judge Murray Wilcox, AO, QC and solicitor Paul Murphy.

Murray Wilcox not only was a barrister and judge but was a committed environmentalist and was president of the Australian Conservation Foundation 1979-1984. From 1984 to 2006 he was a judge on the Federal Court and was the only Chief Justice of the short-lived Industrial Relations Court of Australia. He was an outstanding judge always courteous to counsel even when probing the most novel of arguments. I recall once appearing before him at a directions hearing in a union demarcation dispute. After some argument the case required some dates to be allocated for its hearing. The other side was represented by its solicitor, Mr Stephen Boatswain who had instructed Stephen Rothman, SC for the hearing. Mr Boatswain said, “ I am sorry your Honour  I don’t have Mr Rothman’s diary. Somewhat waspishly his Honour replied,” Mr Rothman’s diary! That’s a book I would love to read.”

Paul Murphy throughout his sixty six years had many jobs and careers. Selling flowers as a schoolboy for his father, a high school teacher, a flight attendant, a public servant, a trade union official, a lecturer and a solicitor. As a solicitor he became a specialist in employment and industrial law. Before he set up his own law firm he had worked for W G McNally, Jones, Staff & Company. He was involved in the celebrated age discrimination case QANTAS Airways Ltd v Christie (1998) 193 CLR 280. He was a delight to appear for and against.

Jeffrey Phillips, SC

State Chambers