0949
SWEARING-IN CEREMONY OF
THE HONOURABLE ROBERT NEVILLE TALBOT
AS A JUDGE OF THE
LAND AND ENVIRONMENT COURT
OF NEW SOUTH WALES
BANCO COURT, WEDNESDAY 22 APRIL 1992
SWEARING-IN CEREMONY OF
THE HONOURABLE ROBERT NEVILLE TALBOT
AS A JUDGE OF THE
ENVIROllHENT COURT
LAND AND ENVIRONHENT
SOOTH WALES
OF NEW SOUTH
BANCO COURT, WEDNESDAY 22 APRIL 1992
KIRBY
KIRBY
This
P:
ceremony
is
convened
for
the
public
administration of the oaths of office and of the oath of
allegiance
to
the
Honourable
Justice
Talbot,
the
new
judge of the Land and Environment Court.
II welcome to this bench the Chief Judge of the Court
and the other Judges of the
Court who are
in
Sydney,
I
Justice Stein being in the Northern Territory.
also
welcome the visitors to the Court and the family of the
new judge.
The Chief Justice has asked me to apologise for his
absence.
He is in Western Australia on official duties
but his absence affords me the privilege of administering
the oaths.
II
will
ask Justice Talbot to
present
his
commission.
(Commissions presented and read by the Registrar)
(Oaths of office taken)
KIRBY P:
JUdges.
Judges.
of
of
aa
mantle
ot
Justice Talbot, I welcome you to the company oj
You see about you in this Courtroom the symbols
trad't'on
Whl·ch
tradition
which
.... ....
of
that
's
...is
six
hundred
tradition
has
now
-
1 -
years
fallen
old.
upon
you.
The
I
congratulate you and, on behalf of the judiciary of .this
State, I wish you well in your new endeavours.
THE HONOURABLE P E J
SOUTH WALES:
COLLINS MP ATTORNEY GENERAL OF NEW
Just over two
May it please the Court.
weeks ago it was my great honour to attend the swearing-
in of the new Chief
pearlman,
who is,
Judge of
this
Court,
Chief
Judge
present on the bench this
of course,
morning.
Your Honour,
I now have the privilege to extend my
personal congratulations to you on your appointment as a
Judge of this Court on behalf of the members of the New
-South Wales Bar Association.
Your Honour
legal career.
has
enjoyed
a
long
and took up practice as a
For many years you were
a
partner
a
partner" with
that
solicitor.
at the Muswellbrook
During your twenty
Cow
firm of Fitzgerald White Talbot & Co.
as
distinguished
You graduated in law from the University
of Sydney in 1959
years
and
firm
your
work
as
a
'of areas.
solicitor encompassed a tremendously wide range -0£
Significantly,
your practice
great deal of local
in
these years
included a
government and resource development
work.
Your abiding interest and considerable expertise in
these areas are recognised throughout the profession.
In 1982 your Honour
sought
a
fresh
challenge and
applied for admission to the New South Wales Bar.
follOWing
following
decade
you
have
established
- 2 -
a
In the
considerable
reputation
reputation
areas
in the challenging
challenging
an advocate
as
of
local government and environmental law.
I am informed that your devotion to your practice is
such that you have not, on occasion, been able to spare
the
,the
time
to
fully
attend
of
the
some
of
the
mundane
understand that
that your
your Honour's
Honour's
II understand
.practicali
ties of
·practicalities
of life.
life .
. recollection
to
whereabouts
of
his
motor
vehicle
steadily declines as his workload increases.
Although II can make no promises about your workload
at the
Court,
court,
facilities
II
are
can
both
assure
you
adequate
that
and
the
car
reasonably
parking
close
at
hand.
Your
'1
to
not
has
practice
profession..
prevented your involvement in the legal profession
•1
_;.1
J
conunitment
Honour's
The
true
mark
of
a
great
lawyer
is
not
only
to
provide a service to clients but to maintain the standing
and
of
integrity
the
law
and
to
participate
in
its
development.
You are a past President of the Hunter Valley Law
Association, and your involvement with that organisation
and many years of practice in the Hunter Valley region
have heightened your Honour' B awareness of environmental
law and rural issues.
Your great
contributions to environmental
law have
been recognised by your election as Vice-President of the
Environmental
Law
Association,
continued to hold.
- 3 -
a
position
you
have
I
Court with not
understand that you come to this court
only aa keenly developed sense of justice, but the wisdom
only
to recognise when a swift decision is required.
I
am informed that on one occasion in the course of
a pre-wedding function you took decisive quasi-judicial
action by ordering the dumping of a prominent community
My
member in iced water at four o'clock in the morning.
sources have I
however, been unable to confirm the exact
nature of the offence that had been committed to warrant
that particular sentence.
I can, however, assure everyone here today that your
Honour's past experience in the decisive administration
of justice,
although impressive,
has played no part
in
the Governor's decision to appoint you to this Court.
Your
Honour,
environmental,
local
government
and
planning law are areas of increasing significance today.
You
bring
ability
to
but
this
Court
not
considerable
only
experience
exceptional
in
the
legal
types
of
matters which are dealt with in this forum.
II
am in
display the
no
same
doubt
that
your
commitment
and
judicial
career will
excellence
which
have
characterised your career up until this point.
I extend to you my best personal wishes,
'Wishes
Wishes
of
the
goverrunent
and
the
people
of
the good
New
South
Wales and, in particular, the New South Wales Bar.
WALES,
N D LYALL ESQ COUNCILLOR LAW SOCIETY OF NEW SOUTH WALES:
The
ident, Mr
The Pres
President,
Mr JJohn
Marsden, has
has asked
asked me
me to
to apologise
apologise
o h n Marsden,
to
to
yoU
yoU
for
for
h's
his
~
iinability
na b i I ity
to
- 4 -
attend
this
morning's
He is in Canberra appearing before a Senate
ceremony.
I
Select committee as a representative of the profession in
this State.
congratulations to your Honour on your elevation to
the bench of the Land and Environment Court this morning.
Your Honour is very well known to many solicitors.
commenced
your
legal
career
as
an
Fisher , Kacansh, which is where II
articled
You
clerk
in
first met you through
myoId friend Tony Clark who was also articled in that
firm.
wife
After completing articles you and your solicitor
journeyed
near,
if
not
like,
Lochinvar
north-west to follow a legal career.
said you
practised
for
something
century with Fitzgerald White
&
into
the
Collins has
As Mr Colliris
like
quarter
a
Talbot
of
a
in Muswellbrook.
There you had a deep involvement in local government as a
Councillor,f
Councillor
Shire President
and as
which acted for the Council.
a
member
of
a
firm
Since you were called to
some ten years ago you have practised extensively
the Bar Borne
in
the
Land
recognised
procedures.
procedures.
and
as
one
Environment
well
versed
Court
in
and
its
have
become
practices
and
It is very pleaSing
pleasing to know your talents in
the area will be put at the disposal of the public in an
responsible·position.
even more responsible"position.
In a jurisdiction where parks play some part it is
refreshing to know that your Honour has
interest in
sport,
had a
particularly in cricket
lifelong
and tennis.
SYdney University you were an enthusiastic bowler who
At Sydney
was
was Wont to bowl all day, although some attributed this
to
the desire of your captain to exact appropriate
- 5 -
for
pre-match
well
over
match
cricket
a
sponsored
you
years
For
indiscretions.
at
to which so many of those who studied law
you at Sydney University made contributions.
It would be no disrespect to your Honour to describe
as
extroverted with
a
frank
and
open
disposition
of winning the trust and confidence of most of
with whom you
had
In
associated.
and your professional colleagues,
by
the
knowledge
lawyer.
behalf
SU'CCI. . sful
J:
been
that
you
the
case
of
that has been
are
an
extremely
The solicitors of New South Wales, on
I
speak,
wish
you
a
satisfying
and
term of office.
Mr President,
said
from
may I
the
Bar
shortly acknowledge what
table
on
behalf
of
the
and the Bar.
I am honoured and relieved that the Attorney General
seen fit to find time at such a busy time to attend
ceremony.
Honoured,
because
forced
<~
Tobias,
to
keep
Sir,
by what you
standing
his
in
for
have said.
Coombs,
foreshadowed
has
slanders
u.,pu:blished.
I
have
enjoyed
the
camaraderie
of
the
Bar
and
particularly the friendship and assistance rendered to me
the members of each of the three floors of which I
been privileged to be a member.
To Les O'Brien, my latest clerk and friend,
my thanks for his loyalty and guidance.
- 6 -
I extend
It is not true,
for
was
solely responsible
that Les
as rumoured,
persuading the Attorney General to make this appointment.
Nor was my former clerk from 9 Selborne, notwithstanding
his boastful claims to the contrary.
am particularly mindful of the large numbers of
II
solicitors
here
today and
that
brings me
to
recognise
what important relationships II have had with that branch
of the profession - firstly as one of them in partnership
with those
dearest
in the
Upper Hunter who
secondly
friends
instructed
by
solicitors
with whom
usually
such
under
always with
a
wide
it
to
to
be
gallant
and
brave
a
pleasure
to
work,
very
long
hours,
ago my wife Ellen and II
that we would leave our
Hunter
for
privilege
of
been
and
a
amongst my
but
good humour.
Almost ten years
Upper
was
range
has
pressure
ab~ndant
ab~ndant
it
remain
more
friends
decided
and colleagues
properly
provide
for
in
the
the
then
current requirements of our family in Sydney.
After
school
making
friend,
a
that
well
decision,
known
II
consulted
sporting
an
old
personality
and
barrister, about a means of future· gainful employment in
the law.
My
j'Du
j'DU
'1
With that statement,
(the
and
to
I
quote,
rounder and
me
into
consultation with
r
directness,
nave co 9'" to
co the
ene Bar".
w.i11 have
esCorted
~
characteristic
you Bre unemp1oyBble,
Gyles
down
with
"Angus,
informed me
,
friend,
the
the
shorter
next
Beaumont,
sixth
floor
of
room
I
of
the
where,
was
taken
Selborne
two),
rose
after
by
a
the
where
and
short
latter
I
was
intrOduced to a wide-eyed young man who appeared to me to
introduced
;
- 7 -
Beaumont, never
age of one of my children.
words,
merely said,
. .is re..d.ing w.ith ftJu·.
• HcC.le.l.l..n,
th.is
.is
I could not work out
I was to teach this young fellow,
much less
support my family in this way.
twenty years of practice as a solicitor in
me with great powers of
comprehension
so
that
was
it
not
long
the arrangement was that the boy was
the man.
Thank goodness that he did.
going to the Bar,
capability
in
me
believed that
litigation
I
procedures,
had a
and
in
The next five years of my life
of a case.
to
I
just
how
different
the
levels
of
That is not to say that one is any easier
than the other, but merely to emphasise
vast chasm between the two.
,copfidently say that if
.,"~... '~~
,
I
had not
been
so
.. to experience nine and a half years practice
~.oupled
with twenty-two years practice as a
my
today,
about
apprehension
my
to the Land and Environment Court would have
Maybe I
would
both
for
an
have
could have done
been
extended
much
it but the
steepe.r.
period
I
Having
approach
the
confidence.
now eleven and a half years since the Land and
Court was established.
In my opinion it has
is working well by providing within the one
- 8 -
management framework for the efficient disposal of most
There is now no
cases that fall within the jurisdiction.
cases
doubt that the Court does
not have
accrued
or pendent
jurisdiction in the same way as the Federal Court.
If it
can be shown that the limited statutory jurisdiction of
this
repeatedly causes
court
frustration
and
occasions
multiplicity of actions, delays and apparent unnecessary
costs, then the question obviously needs to be addressed.
The solution to the perceived problem is not obvious
A proper reasoned,
as some commentators have ventured.
unemotional
balanced,
debate
fundamental
this
upon
question is imperative.
An
occasion
like
mention
of
special
this
should
My
family.
my
pass
not
without
longest
a
serving
supporter is my father and I am delighted that he is here
None of my children have chosen law as a career
today.
path and I
believe that is a reflection of their powers
sylllptomatic of the demands
of observation and sy!llptomatic
practice
of
freedom.
law places
upon
family
life
and
that the
personal
We have managed to round up the five of them
today and it is very gratifying. for Ellen and me to have
them all here on this occasion.
The first Chief Judge of the Land
Court
quoted
a
statement
in
his
Possum" which is worth repeating:
needs
"ftThdC
is
II
crit.lcdl
crit.l.·cdl
wife".
every meW needs is
4
He
and Environment
book
'Stirrin~ the
"Stirrin{l
NlJat every barr.ister
barr.lster
Nhat
then
went
on
to
say:
cric.leal w.lfe".
My greatest critic and my most ardent supporter over
thirty-one
years
of
marriage
- 9 -
has
been
my
wife
Ellen.
Trained
as
solicitor,
However,
there
a
lawyer
and
admitted
to
practice
maintained. her interest
she has maintained_
as
a
law.
in the
she elected to concentrate on making sure that
was
at
all
times
a
strong
and
stable
background upon which we could all rely.
family
For that we are
all, but I in particular, am eternally grateful.
Without
her we would each as individuals and all collectively be
much less.
the
from
graduated
Pearlman
Justice
Sydney
university Law School in the same year as my wife and I
did.
Her achievements are well known and I look forward
to continuing our association on the Court.
I am disappointed that I will not have the privilege
"i
of
serving
Cripps.
with
the
immediately
former
Chief
Judge
I was once described in a schoolboy magazine as
"the boy who acts more .l.ike Groucho Harx than Groucho
himself".
Justice Cripps, and I would have
He, that is JUstice
had a lot in common.
As an advocate the other Judges
always
had
my
greatest
respect
of
for
the Court have
their
work
in
Court has assumed
contributing to the important role this court
in its comparatively short life.
I am looking forward to joining them in a different
context in the future.
KIRBy P:
With laughter and words of praise and promise
the Court will now adjourn.
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