His Honour Philip McCarthy KC is a people person and he was initially concerned that people would not attend Wednesday’s District Court welcome ceremony in Brisbane.
He need not have worried as his “two families” – relatives and staff from the Office of Director of Public Prosecutions (ODPP) – showed up in Banco Court along with many barristers, members of the judiciary and legal profession as the Court also welcomed Judge Dzentia Balic.
“I am humbled and flattered by your presence (when mentioning the ODPP) and somewhat relieved that my anxiety that no one would turn up to my party was misplaced,” His Honour said to some laughter.
Then in a self-declared “breach of protocol”, he also thanked Attorney-General Yvette D’Ath for her attendance and remarks at the ceremony – she had earlier wished the Star Wars fan “may the force be with you”.
His Honour said he had “never been known for closely complying with the rules of etiquette”, and wanted to acknowledge Ms D’Ath’s “fierce support of the judiciary and legal profession for many years”, especially as he and Judge Balic are her last appointments to the District Court.
“I thank you yet again for the confidence and faith you have in me and I assure you that I will discharge the oath taken by me last Monday to the best of my abilities,” His Honour said.
He then shared an anecdote which demonstrated not only his commitment to the new role but to those who come before the court.
“My grandfather worked in the rail yards in Sydney fixing brakes,” he shared. “When I turned 18 years old, I made the pilgrimage to Epping RSL in his company. On the long walk home, he asked me ‘Philip, do you like people?’
“I answered ‘sure Poppy’. He then turned to me and looked at me sternly: ‘Do you like people?’ I responded after reflection, appreciating the solemnity of the occasion, ‘I do Poppy’.
“He then grabbed me in a hug and stated a simple truism that has always resonated with me. ‘That’s good because people need people’.
“I, as others in this courtroom, have had the privilege of helping people at their most vulnerable. The legal system is a strange and foreign creature to many. I have learned the value of kindness to others; I have learned to listen. I have learned of the narrative of lives so different to my own, and hopefully in a small way, have made a positive difference in their lives.
“I trust that I have developed skills which will hold me in good stead in the next part of my journey.”
His Honour was first called to the Bar in 1997 and was appointed as the Deputy Director of Public Prosecutions with the ODPP in 2021. He began his career as a paralegal at the ODPP in 1995.
Ms D’Ath said it was “noteworthy” that both appointments had given “significant and exemplary service” to the ODPP.
“And have no doubt have been shaped by that office,” she said. “Of course the Office of the Director of Public Prosecutions has a proud history of producing respected judicial officers. Today should also be a celebration of the achievements of that office.”
His Honour was recognised as a leader within the legal profession through his appointment as King’s Counsel in December 2019, and was a member of the Women’s Safety and Justice Taskforce, the Queensland Sentencing Advisory Council and the Forensic Services Queensland Interim Advisory Board.
“I thrived,” he said after recounting his early career milestones. “I found that I had an aptitude for legal problem-solving and I was enamoured by the craft of advocacy. My legal career has been littered with engaging and complex litigation. I am grateful for the extraordinary opportunities that have been presented to me.
“The justice system is so much more than what we see daily in the courtroom. I have been privileged to contribute to the experience of others. The shared wisdom and companionship of colleagues on the Queensland Sentencing Advisory Council and the Women’s Safety and Justice Taskforce will always be cherished by me.”
Queensland Law Society Deputy President Genevieve Dee said “the community need not have any reservations” about Judge McCarthy’s appointment.
“In fact, your elevation from Deputy Director of Public Prosecutions to judge makes you ideally qualified to sit on a District Court,” she said. “Your extensive criminal law experience, your prosecution of complex matters on behalf of the State of Queensland, your deep understanding of the needs of the community make you most suited for judicial office.
“Your commitment to justice is evidenced by your work Women’s Safety and Justice Taskforce. This independent, consultative taskforce was established to address coercive control and the experience of women across the criminal justice system. The work of the taskforce will continue to bring about long-term, sustainable change.
“Your contribution to the Queensland Sentencing Advisory Council cannot be understated and the Council would have benefited greatly from your immense knowledge of the practise of criminal law in Queensland.
“His Honour also gave generously of his time, presenting at various seminars and conferences. The solicitor’s branch had the benefit of hearing His Honour speak at the 2023 Queensland Law Society Criminal Law Conference on the art of the advocate. His Honour’s focus on maintaining one’s integrity as an advocate will not soon be forgotten by those in attendance. Indeed it is this adherence to integrity that is the mark of a judicial officer.”
Chief Judge Brian Devereaux said both of the new judges had busy lives outside courtrooms, “showing professional leadership and giving community service”.
“The people of Queensland may be confident that along these paths the judges have developed the essential qualities for continuing service to the community as judges, not least the quality of which is the ability to listen and treat those who interact with the court with respect,” he said.
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