In June 2023, the Provincial Government of Ontario has restored the title and honour for distinguished lawyers of King’s Counsel. This restores the title withdrawn by Ontario in 1985 and is now in line with all other Canadian provinces except Quebec. The title of King’s Counsel is well known as a recognition of excellence across most common law countries and their constituent states. Broadly, it now leaves New South Wales, Western Australia and the Australian Capital Territory out-of-step with similar jurisdictions . The Fahey Government in the early 1990s resolved no longer to appoint Queen’s Counsel, a decision done without full and adequate consultation with the legal profession and wider community. It was done at a time when some people thought that Australia would soon become a
republic. How wrong they were, but it did not some in government and elsewhere dismantling the vestiges of Australia’s constitutional monarchy. There can be no valid reason for the New South Wales Government and Bar Association of New South Wales not to follow the lead of Ontario and others.

Jeffrey Phillips, SC