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Attorney-General John Rau appointed Senior Counsel — the modern version of a QC

THE state’s Attorney-General has been appointed to one of the highest positions within the legal profession — one for which, under the Supreme Court own rules, he has right of consultation.

Attorney-General and Deputy Premier John Rau has been appointed a Senior Counsel, one of the highest positions within the legal profession. Picture: Dylan Coker
Attorney-General and Deputy Premier John Rau has been appointed a Senior Counsel, one of the highest positions within the legal profession. Picture: Dylan Coker

THE state’s Attorney-General has been appointed to one of the highest positions within the legal profession — one for which, under the Supreme Court own rules, he has right of consultation.

On Tuesday, John Rau was one of six lawyers appointed Senior Counsel — the modern version of the title Queen’s Counsel — by Supreme Court Justice Chris Kourakis.

The title is Mr Rau’s 10th, in addition to his role as Deputy Premier and stewardship of numerous portfolios including Child Reform, Planning and Industrial Relations.

Tuesday’s announcement has revived speculation, within the legal fraternity, that Mr Rau wants to head up the District Court when Chief Judge Geoffrey Muecke retires next month.

It has also drawn the ire of the Opposition, who have dubbed it “appalling” and “unacceptable” given Mr Rau’s role in the consultation process.

Graham Edmonds-Wilson, Scott Hencliffe, Emily Telfer, Simon Ower and Michael Wait were also named SC on Tuesday.

In a statement, the Courts Administration Authority said Mr Rau and his peers were the first SCs appointed under changes to the Supreme Court (Civil) Supplementary Rules (2014).

Previously, SCs were selected by the Chief Justice — that responsibility is now held “collectively” by the entire bench of the Supreme Court.

“Senior Counsel hold important positions in the legal profession,” the statement reads.

“Criteria for selection include legal learning, experience and skill in advocacy, integrity, availability to prospective clients and independence.”

Lawyers seeking to be named SC must lodge written application with the Chief Justice’s chambers before June 30.

Those who are unsuccessful are automatically reconsidered the following year.

The rules name the Attorney-General as one of 16 individuals who receive, as soon as practicable after June 30, a list of SC applicants and a copy of their applications.

They also name the Attorney-General “or his nominee” as one of nine individuals involved in subsequent consultation regarding the nominees.

The Advertiser has sought comment from Chief Justice Kourakis as to whether Mr Rau received the list and copies of the application, and whether he was involving in consultation.

A spokesman for Mr Rau said he was in Coober Pedy for country Cabinet, but had prepared a short statement about his appointment.

“I am honoured to be appointed by the Judges of the Supreme Court,” he said.

“I look forward to continuing to work with the judiciary and the profession as Attorney-General.”

Deputy Opposition Leader Vickie Chapman told The Advertiser she was “appalled” by the announcement.

“It’s disgraceful ... how can a man who has overseen the Gillman disaster and child protection reform even have the audacity to apply to be an SC?” she said.

“He is not ‘available’ and he does not have other key attributes which are part of the criteria ... he’s not ‘independent’, unless he’s looking for a new job.

“It’s disgusting that his application was even considered and not put in the bin.”

Ms Chapman said she would be “deeply concerned” if Mr Rau had been consulted about any of the appointments, given his own application, rather than “disqualifying himself”.

“If he had any say whatsoever, that would be totally unacceptable,” she said.

“I’m just appalled that he would even have the audacity to apply, given the last two years of Labor Government.”

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Original URL: https://www.adelaidenow.com.au/news/south-australia/attorney-general-john-rau-appointed-special-counsel-the-modern-version-of-a-qc/news-story/929458fd151da907294ece0d64936dd0