Cabinet split over controversial Kings Counsel dispute as legal figures fracture over ‘KC cancel’ row

The scrapping of a centuries old royal title bestowed on senior South Australian “silk” lawyers has deeply fractured relations between top legal figures and sparked a new political split.

Premier Peter Malinauskas, Mt Barker mayor David Leach and Kavel MP Dan Cregan in January. Picture: Brett Hartwig

The scrapping of a centuries old royal title bestowed on senior South Australian “silk” lawyers has deeply fractured relations between top legal figures and sparked a new political split.

Attorney-General Kyam Maher last month won his bitter fight to cancel King’s Counsel titles for eminent court-based barristers after staring down a fierce industry backlash.

But in a new split, Adelaide Hills Liberal turncoat politician, Dan Cregan, has been accused of going “rogue” and defying cabinet, after voting against the government over the plans.

The political split came as sources claimed relations between SA’s legal eagles, the most senior legal officer and the state’s top judge has plumbed new depths.

The state’s top lawyers, some sections of the judiciary, Bar Association and Law Society are vehemently opposed to the KC legislation, which sparked a “raging bushfire” of legal outrage.

Sources say senior barristers have since given “forthright” views to Chief Justice Chris Kourakis about the row.

Their main concern was the Chief Justice’s public commentary that “silks” served the public and should not “exploit” clients by using a royal title to charge more money.

Bar Association president, former District Court judge Marie Shaw KC, said it was an unprecedented dispute.

“There is no doubt that the relationship between the Chief Justice and the South Australian Bar Association has deteriorated to an unprecedented all time low,” she said.

Ms Shaw, who said herself and many colleagues were appointed before the “Senior Counsel” office was created, said it was “extremely regrettable” the “wrong” criticisms have not been withdrawn.

In a public letter this week, Law Society Alex Lazarevich, responded to the recent commentary.

Chief Justice Chris Kourakis and Attorney-General Kyam Maher. Picture: NCA NewsWire / Brenton Edwards

“One of the key criteria for being appointed silk is to be a person who has demonstrated integrity, honesty and good character throughout their career,” he wrote.

“The suggestion that the use of titles involves exploitation is regrettable and is unfair to our best and hardworking barristers.”

The Chief Justice is away on holidays and unavailable for comment. But he said he stood by his comments during an Advertiser interview last month.

During a “second reading” debate in the lower house last week, before the House Assembly passes legislation into law, Opposition MPs questioned its merits after the Upper House fast-tracked its support in May.

Parliament, which debated the night before state budget, heard lawyers did not want the changes, which were viewed as a “left-wing republican push”.

Mr Cregan, the police, emergency services and correctional services minister as well as special minister of state, crossed the floor to vote against the government, which pushed on regardless. It has yet to pass into law.

Premier Peter Malinauskas, Deputy Premier, Dr Susan Close, and Governor, Frances Adamson, head onto the lawns for the Cabinet photos. Picture: NCA NewsWire / Dean Martin

Lawyer and current Law Society President Alex Lazarevich. Picture Roger Wyman

Opposition spokesman Josh Teague said it was a “rogue decision to vote against a government Bill that defied Cabinet solidarity”, under the Westminster system of government.

“Yes he is an independent but it is an extraordinary decision to defy that solidarity,” he said.

“What he has done by crossing the floor, in effect, is criticise his Cabinet colleagues and of the government he has been appointed to serve.”

Mr Cregan, a lawyer appointed to the ministry in April, defended his independence, which allowed him to vote how he pleased.

“I’m delighted the Liberal Party is drawing attention to the fact I have remained independent. It is appreciated,” he said.

A spokesman for Premier Peter Malinauskas said: “As an independent member of Cabinet, Mr Cregan has the privilege of voting independently on many matters, which he has exercised in this instance.”

The Premier in April told parliament there was no “formal agreement” with Mr Cregan, the Member for Kavel.

But he told MPs: “There should be no misapprehension, that is not to say there aren’t very firm expectations from me as the Premier on the minister for his commitment to cabinet solidarity, to his commitment to the government writ large.”