A Question from the Bench Is Not Always a Gift

From my interview with Peter Jacobson QC. 

When Mr Jacobson was a junior he was led by Alec Shand QC in a trial (although Mr Jacobson recalls doing a lot of the hearing as Mr Shand never used to stick around for very long as he was always doing lots of other cases). His opponent was an eminent QC who was later a Court of Appeal judge – who for the purposes of the story shall remain nameless. This QC was leading Tom Jucovic (now QC) and various others. The judgment was delivered after a very long delay and once issued seemed to have a number of difficulties with it. Mr Jacobson had lost but they appealed, one of the grounds being that there were insufficient reasons.

The appeal Bench was John Lockhart, Trevor Morling and Ian Shephard. Justice Lockhart asked the QC “If a litigant loses a case, is he entitled to know the reason?”, to which the QC responded “Oh yes of course”. Justice Lockhart replied “Isn’t that the problem here? The judgment doesn’t tell Mr Shand’s client why he lost.” 

Mr Jacobson won the appeal. Justice Lockhart had set the QC a trap. The QC wasn’t quite ready for it. Perhaps he should have been. Such are the demands on an appellate advocate.

For the full interview follow the link to advocacyhub.com.au