South Australian barristers in new row with Attorney-General Kyam Maher over official plans to scrap royal title King’s Counsel

Some of the state’s top lawyers have lashed the Attorney-General’s plan to cancel the prestigious title King’s Counsel, which they say would take away “their right and choice”.

Attorney-General Kyam Maher tabled draft laws in parliament last week to scrap the King’s Counsel (KC) title, which is awarded to senior court-based barristers. Picture: Calum Robertson

South Australia’s most senior law officer is embroiled in an extraordinary row with the state’s top legal eagles over plans to cancel a royal title amid claims the government is focusing on “trivial” issues.

Attorney-General Kyam Maher tabled draft laws in parliament last week to scrap the King’s Counsel (KC) title, which is awarded to senior court-based barristers who have excelled in the legal profession.

But the “trivial” new legislation, permitting only the appointment of Senior Counsels (SC), has triggered a backlash from outraged lawyers, the judiciary and two peak legal bodies despite support from SA’s highest-ranking judge.

While there is no difference in the seniority and experience status between KC and SC, critics said the change would be a financial disadvantage to future “silks” – a reference to their court gown design – who could be confused with “special counsel” solicitors, and suggested political interference.

The Opposition criticised Mr Maher, who oversees law and order policy, for pursuing “half-baked display of ideology and bewildering” plans.

Mr Maher, who has launched a stalking crackdown while parliament has passed new DV monitoring laws, defended his plans to “modernise language”.

He said existing KCs can retain the title, which changed from Queen’s Counsel after Her Majesty’s death in September 2022. The laws are expected to pass parliament with the help of the Greens.

Under state law, the Chief Justice appoints a senior barrister “silk” having considered their character, leadership and experience, along with opinions of other judicial officers, lawyers and government officials. Successful applicants can choose to be known as KC or SC.

Senior legal sources said some judges had expressed “considerable dismay” amid mounting judiciary concerns at state government law and order failures.

“The mother of one of my Silk cohort said of her becoming SC ‘that’s nice dear, does that mean that you’re on the way to QC?’,” one judge said of the perceived differences between the titles.

David Edwardson KC. Picture: Emma Brasier

Marie Shaw KC. Picture: Calum Robertson

Industry figures show almost 60 senior barristers in SA, three-quarters of whom are KCs – the term dates back to the 1500s in the UK.

Daily rates vary but sources said it was on average between $5000 and $10,000 a day while some interstate silks’ daily rate is more than $20,000. Many become judges.

Rising stars included Ben Doyle KC – son of John Doyle, who was Chief Justice when the QC title was scrapped in 2008, before the former Liberal government overturned that in 2020 – Stephen McDonald SC, Kerry Clark SC and Jane Abbey, SC.

Other eminent silks include Director of Public Prosecutions and former Supreme Court Justice Martin Hinton KC, colleagues Jim Pearce KC and Lucy Boord SC, Parole Board chief Frances Nelson KC, Michael Abbott KC, Dick Whitington KC and Brendon Roberts KC.

Director of Public Prosecutions Martin Hinton KC. Picture: Tricia Watkinson

Prosecutor Lucy Boord SC. Picture: Greg Higgs

Leading criminal barrister David Edwardson KC, criticised the “unnecessary and gratuitous distraction from much more important issues to the SA public”.

“It’s really quite difficult to understand why the government is making this move,” he said.

Bar Association president Marie Shaw KC, a former District Court judge, said choice allowed barristers to be nationally competitive.

“There are many republicans around the country who nonetheless recognise the advantages of KC rather than SC and accordingly, exercise their right and choice,” she said.

Opposition spokesman Josh Teague added that amid a crime and domestic violence crisis, Labor should “be focusing their attention on addressing that, not changing the titles of lawyers”.

Supreme Court Judge Chief Justice Chris Kourakis. Picture: Dylan Coker

Attorney-General Kyam Maher. Picture: Naomi Jellicoe

Mr Maher told parliament “minor and technical” changes involved seven acts for courts administration, judicial organisation and legal practitioners.

He said he was acting on advice from current Supreme Court Chief Justice Chris Kourakis, who has expressed “strong opposition” to royal titles since 2018.

“While the Liberals may struggle to focus on more than one area at a time, we are more than capable of tackling the serious issues while dealing with routine business,” he said.

Mr Kourakis’ spokeswoman said the Supreme Court “supports” the changes but declined to comment on internal debate.

Another proposal to change the term “master” to an associate judge is widely supported. SA is the only state to use the term.