As an esteemed defamation lawyer, Patrick McCafferty KC may not have chased headlines, but he has now found himself in the news, thanks to his appointment to the Supreme Court.
Justice McCafferty was sworn in as a Supreme Court Justice in the Trial Division on 24 November in a ceremonial sitting at Brisbane’s Banco Court.
His appointment follows the retirement of Justice Glenn Martin at the end of this year.
Bar Association of Queensland President Catherine Heyworth-Smith KC said His Honour had built a diverse practice over two decades and took silk in 2018.
“You were best known for your work in defamation matters, having featured in many of the most significant cases since the enactment of the Defamation Act in 2005, including the first jury trial under that Act and the largest award of damages for defamation in Australia,” she said.
“Your Honour stands apart from senior counsel regularly appearing in high-profile defamation matters around the country. There is no cult of personality around, Your Honour.
“Newspaper stories about the cases you have been in are never about you. While you are mentioned, you have never allowed yourself to become the story.
“They are always about the client and the case and the judgment.
“You have, no doubt, through modesty and a commendable ability to not court the media, subtly upheld the legitimacy of the legal process, the principles of open justice and the independence of the bar.”
Ms Heyworth-Smith shared with the court when she had first met Justice McCafferty.
“Justice McCafferty, 25 years ago, in the final year of your undergraduate law degree, you joined a mooting team to compete for the Queensland University of Technology,” she said.
“Earlier in the day, the organisers of the moot discovered they were down one faux judge to illness.
“They were desperate. They must have been. They called on me and my six months experience at the bar to sub in.
“After the moot, we discussed your plans to be a barrister and it was very clear to both of us that fairly soon you would be one of my colleagues.
“While I do not think that either of us would have then foreseen this exact scenario playing out, it did not take much prescience to see that your legal acumen and skills as an advocate would give rise to a particularly successful career at the private bar.”
Ms Heyworth-Smith said His Honour had contributed significantly to the bar since being called in 2005.
“Your Honour was also regularly briefed to appear on appeal in criminal law matters, in commissions of inquiry and professional regulatory and disciplinary matters for clients ranging from media organisations, police, broadcasters and politicians to the association itself,” she said.
“It is the last of these that causes pain to the bar by your elevation.
“For many years you have been briefed on behalf of the Bar Association of Queensland in relation to its regulatory and disciplinary matters at first instance and on appeal.
“You have always accepted these briefs and acted on an entirely pro-bono basis. While Your Honour’s generosity has been of obvious benefit to the association and its members, your conduct has instilled in the bar confidence, knowing it has been represented in this important area of its undertaking by one of its best.
“While you have been blessed with capable juniors in this role, even they say what we all know, it will be no small task to replace you.”
And His Honour’s generosity with colleagues was greatly appreciated by the association.
“Your Honour has always made yourself available to give advice, to contribute to conferences and seminars, and to draft submissions to government,” she said.
“You write beautifully with respect, and we look forward to the crafting of your judgments.
“You have been a mentor to many junior barristers and have provided pastoral care to many more, holding them up in their darkest times.
“You have never turned away a colleague in need.
“It is simply not in you to do so, and your assistance to them is practical and unwavering.”
The President’s address to the court was briefly interrupted by His Honour’s excited young daughter calling out for the barristers to sit down to much laughter, with Ms Heyworth-Smith saying “I don’t think anyone wants to hear from me”.
Queensland Law Society Immediate Past President Rebecca Fogerty said His Honour had “three beautiful children of whom you are very proud”.
“And every weekend you are known to be there cheering on the sidelines of the football game or at the beach for nippers. It’s indeed especially lovely that Your Honour is the father of young children,” Rebecca said.
“Public trust in our court system is partly achieved when our judges reflect our society as it is today, and that includes young, busy families in their prime.”
Justice McCafferty thanked all the speakers.
“It is a profound honour to join this court, where I’m humbled to be reunited with some old friends, some former adversaries, and indeed some former adversaries that became my friends,” he said.
“Attorney General, I’m particularly grateful for your words. Thank you for your trust and confidence.
“I’m acutely conscious of the immense privilege conferred on me in joining this court, and in particular, this bench of women and men who are unwaveringly dedicated to the delivery of justice.
“As I accept this commitment today, I wish to assure you of my dedication to the virtue of justice and to upholding the rule of law. Given my age, these are objects to which I can and will proudly devote the best of my professional years of my life to.
“Ms Heyworth-Smith, you too have spoken of me in such glowing terms. I must retain you from my eulogy one day.
“The bar, both here in London, was for 20 years my professional home. I was fortunate to have a very general practice, albeit, as you’ve heard, I was probably better known for doing defamation work.
“I’ve loved being at the bar, and it almost goes without saying that I thank all my colleagues and friends at the bar for their camaraderie and collegiate support.
“In particular, I am grateful for the support of my Chamber’s colleagues and staff, who have each been a constant source of both personal and professional support and friendship.
“The Queensland Bar is a proudly independent group of individuals. That quality defines the bar and is the source of strength and quality of the existence of a competent bar on whose integrity the judiciary can depend is integral to the court’s ability to hear and determine matters efficiently and justly.
“One of the great privileges of being a barrister, and myself in particular, is to work with juniors.
“I’ve been honoured to work with so many juniors, each of them displayed dedication not simply to their professional duties in the administration of justice, but without exception, a willingness to help others.
“So many juniors I’ve worked with are devoted to helping the less fortunate, the marginalised, and for those with whom justice may otherwise feel out of reach. That is something we should all be proud of.”
He asked Rebecca to convey his thanks to the many solicitors “who have sought me out or had my services thrust upon them”.
“To my mind, the integrity and competence of the legal profession in Queensland is unrivalled,” Justice McCafferty said.
“My training to become a solicitor comprised, as you’ve heard, of being an associate during my final year of university to Judge Noud of the District Court, a true gentleman if there was ever one, and undertaking articles with Mr Corey McCormick and then the Honourable Andrew Greenwood, who I’m pleased to see here today.
“I was then most fortunate to be appointed as the Honourable Ian Callinan AC’s Associate in the High Court. That year was one of the most important professional years for me.
“I did not spend long practising as a solicitor, but I’ve always had a connection with solicitors.
“My spouse is one, and so was my late father, Brian, who practised at the same firm for over 40 years. He was a child of the Depression from an era of people who were too young to serve in the war.
“He was, however, mentored and close friends with many who did, including several members, former members of this Court.
“One characteristic of the generation that served our country is that many of them were resilient, disciplined, and loyal, and they did not take much for granted.
“Those characteristics carried over to their professional lives and those that they mentored.
“The Honourable John Byrne, AO RFD, who I’m grateful is in attendance today and worked with my father in the early 1970s, spoke of that generation in his valedictory speech in August 2017.
“He said ethical standards were high and the partners were committed to the service of their clients, to their profession and through membership of community organisations to the public.
“The partners recognized that their duty to put the interests of clients ahead of their own constrained expectations about levels of remuneration. They sought a comfortable living from practice.
“They did not appear, however, to aspire to the riches of those pursuing self-interest in commerce. That was very much my late father.
“I’m also feeling sad that my mother, Carol, was not here. She was a highly intelligent, modest person, completely selfless, and devoted her life to raising me and supporting me, to which I am eternally grateful. I have been very fortunate to have the support of many people over the years.
“The roll call is long, too many to mention, and I hope you understand that.”
Although His Honour wished to the Honourable Glenn Martin, AM.
“We will gather, as the Chief Justice has said, in just after three weeks for his valedictory. I wish I could sell tickets to it. I suspect I’m not allowed to,” he said.
“Even if I wasn’t, of course, it would be an appropriate job for the Junior Judge. I have known Justice Martin for many years. His retirement has created this vacancy.
“His Honour is the epitome of what a judge should be, a role model.”
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