After more than two decades on the bench, Brisbane Judge Kevin Lapthorn has chosen to wear robes of a different kind.
On Thursday, the much-loved Federal Circuit and Family Court (Division 2) judge was officially farewelled from the courtroom, to continue his studies to become an ordained minister in the Anglican Church.
Colleagues who gathered at the Harry Gibbs Commonwealth Law Courts in Brisbane for the ceremonial sitting said his compassion, kindness, generosity and sound judgment would serve him well in the church.
Queensland Bar Association President Catherine Heyworth-Smith KC said Judge Lapthorn’s humanity, clarity and lightness of touch were the hallmarks of his 21 years as a family court judicial officer, and that he had set the standard for performance at the bench.
Ms Heyworth-Smith told the tale of his former neighbour, the principal of prominent girls’ school, who suggested he take up accounting instead of law, on the basis his family were “not the right sort of people for the law”.
“Your Honour’s success and this ceremony records that as one of the greatest misjudgments in the history of career counselling,” she said.
Ms Heyworth-Smith said the neighbour’s remark proved to be a “red rag to a bull” and by all accounts, Judge Lapthorn had “been charging at full speed ever since”.
“Amongst the Queensland bar, you have ever been a favourite for your wicked sense of humour, your collegiality, and I am told, a punctiliousness bordering on forensic,” she said.
Ms Heyworth-Smith said so great was Judge Lapthorn’s eye for detail, he could diagnose the prospects of a trial by the attire of the counsel appearing before him.
“Your Honour could frankly have run a profitable side hustle advising the bar of precisely what its wardrobe was disclosing,” she said.
She said his legacy would be the improvements he made for children and culturally and linguistically diverse communities in the court, driven by compassion and empathy.
“It has been our privilege to appear before you, to be disarmed by your diplomatic humour and occasionally to be quietly diagnosed by your eye for a bright jacket,” she said.
Queensland Law Society Deputy President Sarah-Jane MacDonald said it was Judge Lapthorn’s dedication to regional litigants, through his enthusiasm for regional circuits, which shone through.
“As a practitioner from Toowoomba, a circuit which you conducted for a great many years, I thank you,” Ms MacDonald said.
“Access to justice in regional areas is imperative. Your Honour was the first judge to consider and implement an ability to conduct final hearings in Toowoomba, something which still continues to this day.”
Previously, final hearings were held in Brisbane only, which meant a drive of six hours or longer for some regional Queenslanders, she said.
Ms MacDonald said during Judge Lapthorn’s tenure as Circuit Judge, sitting days increased from one a month to at least three a month.
“Your Honour’s ability to identify the need to conduct final hearings in a regional circuit, and then to actually implement such a strategy is recognised and appreciated,” she said.
Judge Lapthorn was visibly humbled by the number and geographical spread of the well-wishers, but it was when he spoke about the love and support of his partner of 38 years, husband Shaun, that the tears came.
His Honour also spoke of growing up in a poor family, which faced the prospect of homelessness at least once, and of his parents who had a total of eight years’ education between them.
He said his compassion and his belief in the importance of education had sprung from these life experiences.
Judge Lapthorn said he would be forever grateful for his free tertiary education and quipped that studying theology had been “a very expensive exercise”.
After completing a Bachelor of Laws at QUT, Judge Lapthorn’s career included working at Crown Law, and Legal Aid Queensland, before he joined the private bar in 1995. He became a judge of the then Federal Magistrates Court in 2005 in Newcastle, transferring to the Brisbane registry in 2011.
His Honour said he could have stayed on the bench for longer, but the call to ordained ministry had presented itself.
“What is to be will be, but what has happened has formed me,” he said.
“And there have been times when family law and child protection matters have challenged me, disappointed me, and even frightened me.
“But overall, I am pleased that I took the path that I did, and I hope that I have played a small but positive role within it.
“The very kind words expressed to me today by all of the speakers might suggest that either people are very fluid with the truth, or I have had at least some impact.
“Despite all the depressing, sad and negative facts, the personalities and emotions we see in this sphere of law, I can say that I maintain my belief that people can rise above their vulnerabilities and live life to the full.”
Judge Lapthorn said he had one message for the government, the courts, and for practitioners: “Behind all the statistics lie real human lives, and may we never forget that”.
In concluding remarks, Family Court Chief Justice Will Alstergren pointed out Judge Lapthorn had been with the Family Court through its iterations as the Federal Magistrates Court, Federal Circuit Court and now Federal Circuit and Family Court (Division 2).
Chief Justice Alstergren said for much of its history, the court had Judge Lapthorn as a “stalwart and an extremely inspiring and solid figure”.
“The idea of being judge in this Court, with the extraordinary volume and the kind of work it demands, for 21 years, is quite extraordinary, and says so much about his character, about his dedication, and about his integrity,” His Honour said.
“The breadth of experience, Judge Lapthorn, you have brought to this Court from your deep understanding of the challenges faced by Australian families and children is immense.”
The Chief Justice said Judge Lapthorn made careful, practical and compassionate decisions, and colleagues would miss his collegiality, wisdom and humour.
“We are deeply grateful for the experience, sound judgment and unwavering commitment you have brought to this bench,” he said.
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