Dear colleague, Apologies if you have already received this email.

A substantial number of members of the Victorian Bar, including myself, have been attempting to raise awareness of the merit, following the decision taken by the Queensland Attorney-General and Queensland Bar, of allowing Victorians SCs appointed since 2000, if they so choose, to have Letters Patent issued to them so that they can use the title Queens Counsel. None of us propose any change to the method of appointment. To the contrary only those appointed by the Chief Justice to be Senior Counsel in and for the State of Victoria would be eligible to have Letters Patent issued. The title Senior Counsel or S.C. has no traction with the community and has largely caused confusion in the market place for legal services. The large law firms have, understandably, taken advantage of this confusion by introducing the letters SC after the names of solicitors listed on their letterhead. The scope for confusion caused by the change from Q.C. to S.C. has been recognised in Queensland where last year a decision was made to reintroduce the title "Queens Counsel". We should not be left behind. I have attached a copy of the press-release of the Queensland Attorney General announcing this change. I have also attached an article I have recently submitted to the Bar News for publication which explains the issue in more detail as well as a recent article from Hearsay, the journal of the Bar Association of Queensland. I first raised the proposal with the Bar Council last year but was told it was not the appropriate time to do so. On 21 February 2013 I sent the attached letter to Victorian SCs seeking their views on this issue. The response was overwhelmingly in favour of SCs being given the option to be appointed Queens Counsel, with the final results as follows: No. of SCs polled: 138 No. of responses: 103 In favour: 63

Neutral: 9 Undecided: 4 Against: 27 This is an issue for the whole Bar. Please take the time to contact either Fiona McLeod S.C., Chair of the Council, or a member of the Council known to you and let them know what you think on this issue. Regards, Michael D. Wyles S.C. Level 29, Aickin Chambers, 200 Queen Street, Melbourne 3000 Tel: +61 3 9225 8868 Mob: 0417 583 011 Email: Michael.WylesSC@hotmail.com

Media Statements
Attorney-General and Minister for Justice The Honourable Jarrod Bleijie
Wednesday, December 12, 2012

Queens Counsels return to Queensland

Attorney-General Jarrod Bleijie has announced senior members of the Queensland Bar will again be commissioned as Queens Counsel as part of reforms to the states justice system. Speaking at the Supreme Courts annual Christmas Greetings event this morning, Mr Bleijie said replacing Senior Counsel (SC) with Queens Counsel (QC) would eliminate confusion. The feedback I have received raised concerns that SC was often mistaken for the term Special Counsel, which many law firms have taken to using for solicitors, Mr Bleijie said. "QC is also more widely known and understood by the public as a mark of professional distinction at the Bar and this move will make the distinction much clearer. It is important that Queensland silks are competitive internationally particularly in Singapore and Hong Kong where the use of QCs is preferred. Asian countries employ QCs from as far as the United Kingdom and this change will give Queensland leverage over other Australian states competing for a share of this market. Mr Bleijie said current Senior Counsel would be invited to have their title amended should they wish and all new appointments would now be given the title of Queens Counsel. The Newman Government has received wide spread support from the Queensland Bar Association and the legal profession to revert to the traditional title, he said. I would also like to take this opportunity to congratulate Jenny Hogan, Philip Looney and Dean Morzone who were recently selected for appointment as Senior Counsel. Mr Bleijie will be writing to all current Senior Counsel shortly to invite them to make an election if they wish to be commissioned as a QC. Those who do not apply to have their title changed will remain as Senior Counsel and their seniority will not be affected. [ENDS] 12 December 2012 Media Contact: Lisa ODonnell 0400 986 432 or Matt Johnston 0432 535 893

Queens Counsel must be reinstated.

The decision of the Queensland Attorney General Jarrod Bleijie to reinstate the title Queens Counsel in that State is far sighted and a boon for the Queensland Bar. Mr Bleijie displays a keen understanding of the utility of the Queens Counsel title, and the overwhelming value which that title carries in the market for legal services, both here and overseas: Q.C. is also more widely known and understood by the public as a mark of professional distinction at the Bar it is important that Queensland silks are competitive internationally Asian countries employ Q.C.s from as far as the United Kingdom
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Reinstatement of the title has little to do with ideology and everything to do with facilitating the Queensland Bar obtaining a greater share of the ever tightening market for legal services, particularly litigation services. The Australian Bar should have been first to Asia. We were not. We now have to follow the English Bar into Asia where we will be competing with the title Q.C. which has a 400 year pedigree. Even within Australia, Senior Counsel are at a disadvantage. The proposition can be tested at any suburban shopping centre, football match or golf club: What do you do mate? Im an S.C. Whats that? As opposed to: What do you do mate? Oh, Im a Q.C. Really, you must be pretty smart! The origins of the office of Queens Counsel and more latterly Senior Counsel reveal its essential role in the development of the common law of Australia, and the pursuit of the rule of law as the foundation-stone of our Australian democracy.
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Within the profession we fully

appreciate that those whom the Chief Justice appoints Senior Counsel in and for the State of Victoria possess the advocacy skills, legal experience, learning and personal qualities worthy of the mark of professional distinction. Indeed the recognition within the profession of the possession of these qualities is confirmed by the fact that the Chief Justice makes the appointment. This is essential to the efficacy of the appointment. But the rank of Senior Counsel is not an internationally recognised quality mark. It is only necessary to turn to the letterheads of the majority of middle to upper tier law firms in Australia to see that proposition made good. There you will find a multitude of solicitors, possessing few if any advocacy skills, described as SC, or Special Counsel. Indeed the title Senior Counsel fails almost wholly to convey to the public that those so appointed possess the experience, learning and personal qualities worthy of the mark Q.C.. In stark contrast: the rank of Q.C. is a good indication, even if not a guarantee, to a client with an important and difficult case that an advocate can be trusted to handle such a case The rank of Q.C. is an internationally recognised quality mark which plays an important role in ensuring the competitiveness of English advocates in litigation outside the UK and in

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Press release 12 December 2012. Ord 14.10 Chapter II Rules of the Supreme Court (Miscellaneous Civil Proceedings) Rules 2008.

Michael D. Wyles S.C. 2013 Page 1 of 3

Dear As you may be aware the Queensland Government has recently decided to allow Senior Counsel in and for that State to take the title Queens Counsel. The offer is optional, with the issue of letters patent only being made to those appointed Senior Counsel who request the AttorneyGeneral to have the Governor in Council do so. The issue of letters patent does not in any way affect the process by which Senior Counsel are appointed in that state. The Attorney-General plays no part in the selection of Senior Counsel who continue to be appointed by the Chief Justice. Here is a link to the government media release: http://statements.qld.gov.au/Statement/2012/12/12/queens-counsels-return-to-queensland I am concerned, as are many of my colleagues, that this development will disadvantage those of us who hold the title Senior Counsel in and for the State of Victoria. There is a strong perception in many parts of the community that those carrying the title Senior Counsel are inferior to, or junior to, those who have been given the title Queens Counsel. Consistently with my concern, the Queensland Attorney-General said this last year: ...the change would give Queensland leverage over other Australian states, which maintain the SC title, competing for a share of this market. There is also a case that can be made that the brand of Queens Counsel or QC is superior to, and certainly more well-known and understood, than the name Senior Counsel or the letters SC. As I have previously explained in my paper The Institution of Senior Counsel, the title of Queens Counsel or Kings Counsel has been known as an identifier of excellence within the common law world for the last 400 years. The title Senior Counsel has not caught on in the Australian community and certainly has no recognition beyond our shores. Indeed, after a brief skirmish with the S.C. title, New Zealand returned some time ago to the use of the title Queens Counsel. Our Bar Council will no doubt support each of us to compete with our northern counterparts, and those across the Tasman, as well as the English silks pursuing work in Singapore and Hong Kong and request the Attorney General to look into this matter to see if Victoria should make the same offer to us. However, we cannot expect this matter to get on to a busy Bar Council agenda unless the Bar Council is satisfied that there is a real desire to approach the Attorney. If, like me, you wish to ensure that we have every opportunity to compete here and overseas with the title which has signalled excellence for more than 400 years could you either email me at the address below, or contact a member of the Bar Council and let them know as soon as possible. The matter can then be pursued with the Bar Council. Yours sincerely

Michael Wyles S.C. Email: Michael.WylesSC@hotmail.com