Chief Justice Tim Carmody quit after phone call with Yvette D’Ath

TIM Carmody appeared set to tough it out as Chief Justice despite the unrest swirling around him. Then came the phone call that changed everything.

Chief Justice Tim Carmody arrives at the Brisbane International Airport. Photographer: Liam Kidston.

TIM Carmody decided to quit as Chief Justice during an after-hours phone call from Attorney-General Yvette D’Ath, ending a 12-month long saga which has damaged the reputation of the state’s highest court.

The Courier-Mail understands after weeks of negotiations between Justice Carmody and Ms D’Ath, which intensified in the last few days, it was during that phone call – about 6.30pm on Tuesday – the pair reached a final agreement which will see him step down as the state’s top judge.

FORGIVE ME: Carmody’s plea to supporters

Supporters said they believed the pair would be discussing a statement – potentially drafted by Justice Carmody and his wife Robyn – telling the legal community he would be defiantly staying on as Chief Justice.

Instead Justice Carmody and Ms D’Ath agreed on a different path which was then formalised yesterday.

Justice Carmody’s resignation is effective immediately. It comes two months after he first privately raised resigning to end the impasse between himself and his fellow judges, during a meeting with Ms D’Ath in April, and a month after he went public with that offer.

He told the legal profession he resigned “after long and anxious thought and broad consultation with family, friends and advisers”.

“It is to restore the dignity of the judiciary and the public confidence in its ability to administer justice,” he said in a statement sent yesterday afternoon. “An effective Chief Justice has to have the loyalty and support of the bench.”

Justice Carmody will remain on the Supreme Court bench and will likely step into the role of President of the Queensland Civil and Administrative Tribunal when it becomes available between now and October next year.

In the meantime he will be a supplementary QCAT member, taking a pay cut of about $55,000.

Justice Carmody made his decision official yesterday afternoon, forwarding his resignation to the acting Governor Justice Hugh Fraser.

Justice Fraser will also fill in as acting Chief Justice, with the majority of his fellow justices, including the state’s second most senior judge, Court of Appeal President Margaret McMurdo, on winter break.

Neither Ms D’Ath nor Justice Carmody would confirm who raised the prospect of the QCAT president position, but Ms D’Ath said Justice Carmody’s application for the role would be looked upon favourably when the position – currently occupied by Justice David Thomas – becomes available.

It is understood Justice Thomas has not yet given any indication that he may vacate the role before his term officially ends in October 2016.

Ms D’Ath said she would begin work immediately to appoint the state’s next Chief Justice.

Justice McMurdo – the next most senior judge – will likely take over as acting Chief Justice when she returns to work in about three weeks.

“I believe this is in the best interests of the court,” Ms D’Ath said of Justice Carmody’s decision to resign.

“I acknowledge the significant contribution the Chief Justice makes. This is drawing a line in the sand and allow all parties to move forward.

“It’s incumbent on me to consider the appointment of a new Chief Justice. I will not be rushing that decision.”

Ms D’Ath said a planned new judicial appointment protocol she and Premier Annastacia Palaszczuk had promised to put in place to avoid a repeat of the controversy surrounding Justice Carmody’s appointment would not be ready in time. But she took aim at the way the former government appointed Justice Carmody last July.

“It emphasises the importance of making sure we get the appropriate appointment process right in the first place,” she said.

“I think what the public want is some finality to this. They want some stability in the courts.”

A mediator will be appointed to consult the Supreme Court judges following the saga which saw their internal brawling spill out into the public arena regularly.

It is understood the Palaszczuk Government will foot the bill but will allow the judges to pick which mediator to use.

“This is about strengthening our judicial system and providing support to those officers to rebuild their relationships in the judicial system,” Ms D’Ath said of the mediator’s role.

But as to the court reforms Justice Carmody has asked for – as well as “just terms” – in exchange for his resignation, Ms D’Ath said she was not considering any other changes other than the appointment of the mediator.

Opposition Leader Lawrence Springborg described the decision of Justice Carmody as a sad one but would not be drawn on whether the LNP should take responsibility for the saga.

“He is a dignified and honourable person who has felt this is the most appropriate way to resolve issues which have been evident in recent times in the Supreme Court,” he said of Justice Carmody.

Bar Association of Queensland president Shane Doyle QC described the judge’s decision as a “personally difficult one”.

“It was, however, a decision taken by his Honour in the interests of seeking to restore the dignity of the court and public confidence in the administration of justice,” Mr Doyle said.

Attorney-General Yvette D'Ath faces the media yesterday after Chief Justice Tim Carmody resigned. Pic: Darren England.