While Justice Steven Middleton is well known for his adventurous spirit, that sense of adventure has now rubbed off on his new colleagues at the bench.
At Monday’s Federal Circuit and Family Court of Australia ceremonial welcome sitting, the Honourable Chief Justice Will Alstergren AO revealed the ironman and ultramarathon runner, who was appointed to the Brisbane Registry of Division 1 in August, was taking to the water along with other judicial officers.
“Your Honour is a man of great life experience and adventure. You also have great advocacy skills and leadership,” the Chief Justice said.
“Somehow that has seen you convince five of your fellow judges, including myself, to commit to a relay team to swim the English Channel in September 2028.
“Training has already begun. The programs have been written and the boat is booked. God save us.”
The Chief Justice said the swim relay was just one of two challenges that Justice Middleton’s appointment had brought.
“The first was that Judge Justice Middleton turned up at the Hobart National Conference on a Harley-Davidson motorbike,” Chief Justice Alstergren said, to much laughter.
“I had to retrospectively approve his travel, including on the Spirit of Tasmania. The Finance Department is still worrying about that.”
His Honour said he wanted to recognise the “extraordinary skill and ability of our new judge and what he brings to our court”.
“We’ve heard some marvellous stories already, most of them are true, about his Honour and his ability,” Chief Justice Alstergren said, referring to the earlier speakers from the Law Council of Australia, Australian Bar Association, Queensland Law Society and Family Law Practitioners Association of Queensland.
“Your Honour has been an extraordinary contributor to not only the law but also to the community.
“Your service to the community extended will beyond the law. Your Honour has taught in North West Cambodia, volunteered for Marine Rescue Queensland, lectured and tutored in business and law at the University of Sunshine Coast, and served as a referee and judge in Australian boxing.
“They could come in handy for your future events in the judges’ meetings.
“Each of those roles calls for qualities that are valuable on the bench, including sound judgment, composure and fairness, and a clear value on the service of the community.
“The families that have come before this court require not only legal expertise and sound judgment, but also care and compassion.
“I am confident Your Honour will continue to bring those qualities to the work you do on this court.”
Justice Middleton joined the Court 11 years ago to the day, saying it had been “a bit of a journey”.
“To the distinguished guests and colleagues who have joined us, thank you for sharing this occasion,” His Honour said. “Your presence means a great deal to me.
“There were of course times when I couldn’t believe what was being said, but that happens from time to time in court on an almost daily basis.
“Dostoevsky said: ‘People have beautiful things to say about you, but first you must die’.
“Well I guess he was wrong, unless of course this appointment represents some kind of death. I know that it doesn’t. In fact it has provided me with a new lease on life.”
His Honour said he felt privileged to have served the Court and the people “who have looked for answers to their problems” for the past decade.
“The decisions I made in that court affected the family specifically and may have been interesting reading to some others at times, including the appellate division,” he said.
“I’m very cognisant of the fact that the decisions I now make, whilst just as important to families, may directly affect, may now have an impact on the law in a more general way.
“An elevation such as this is of course a personal honour.
“However, it is also a reminder of the responsibility that comes with judicial office to serve the community with integrity, fairness and independence, and to do so with humanity and respect for all who come before the court.
“I accept this honour with great appreciation and with a renewed commitment to those responsibilities.
“I take on this role with all the seriousness, diligence and intellectual rigour I can muster.”
Justice Middleton’s career in law began as a police officer.
“During that time, I had the opportunity to work with people of all walks of life,” his Honour said.
“I learned from a very early stage how to deal with people who are highly emotional, sometimes irrational, and definitely at times in need of assistance. And so, in this role, I will continue to be able to deal with the many legal practitioners who come before me.
“I’m extremely grateful for all the support and friendship I’ve received from the profession over many, many years in Queensland.
“It has meant a lot to me. This is a serious Court and it hears the most complex and fraught cases and I will undertake my duty to serve those people very, very seriously.
“But as most of you know, I’ll never take myself too seriously.”
Law Council of Australia President-Elect Elizabeth Shearer, and appearing on behalf of the Queensland Law Society, said His Honour had never lost sight of the people who were affected by what happened in that Court.
“Those who know Your Honour well attribute your humanity and sense of fairness to the breadth of your experience throughout your career, including your time in the police force,” Ms Shearer said.
“Your Honour’s endurance and resilience has, to the benefit of our community, enabled you to contribute to the work of this court. And I do not use the term endurance lightly.
“Your chosen passions outside the law have included competing as an Ironman, ultra-marathons, hiking the Kokoda Trail, and for reasons that appear completely incomprehensible to me, a six-day, 251-kilometre run through the Sahara Desert in extreme heat.
“These take extraordinary commitment and only a small percentage of the population can say that they have undertaken feats of endurance such as these that you take in your stride.”
Ms Shearer said the profession was grateful for the many ways His Honour had given back to the law.
“From your generosity in speaking at professional development events, sharing your insights, through to your commitment to improving the mental health and wellbeing of our workforce,” she said.
“Between your rumoured close brush with a shark, volunteering as a surf lifesaver, working as a boxing referee and your fondness for motorcycles, Your Honour displays a fearlessness and zest for life that has to be admired.
“Your greatest love though is of course your family, with Your Honour now in what has been described as your grandfather era.
“I can state confidently that it does not include any slowing down but is a further opportunity to share zest for life and also to understand from a different perspective the human condition and the primacy of the best interests of children.
“This can only enrich your work in this Court and make a difference to the lives of people who come before you and are affected by decisions of the court.”
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