Tasmania unlikely to move back to ‘archaic era’ with King’s Counsel title for state’s top lawyers

A survey of Tasmania’s top lawyers is unlikely to result in a change to titles bestowed upon those who have snared the esteemed rank of silk.

Tasmania changed its system of naming silks back in 2000, from “Queen’s Counsel” to “Senior Counsel”.

A survey of Tasmania’s top lawyers is unlikely to result in a change to titles bestowed upon those who have snared the esteemed rank of silk.

In the year 2000, a change was made in the Tasmanian system, with the Governor appointing outstanding barristers as “Senior Counsel” rather than the title of “Queen’s Counsel”.

Senior Counsel now use the post-nominal initials SC, replacing the previously used QC.

It was a notable difference from several other Australian states, in which these appointed top lawyers can choose which title they’d prefer.

Since the death of Queen Elizabeth II in 2022, and the succession of her son King Charles, interstate senior counsel can choose to use the post-nominal KC, meaning “King’s Counsel”.

There is no difference between Senior Counsel and King’s Counsel other than their name – and they are both referred to as “silks” because of the fabric of their robes.

Between 1993 and 2008, every jurisdiction across the country replaced the title of QC with SC, however, Victoria, Queensland and South Australia reinstated the option to use QC.

There have been 31 lawyers appointed as Senior Counsel in Tasmania since 2000, with many more appointed as Queen’s Counsel before that.

It is understood about 14 Tasmanian SCs are currently acting in the state, along with three QCs appointed before the change who are now KCs – including Supreme Court judges Chief Justice Alan Blow, Acting Justice David Porter and Justice Stephen Estcourt.

A recent survey was held by the Tasmanian Bar Association, asking SCs whether they would like the option of using SC or KC.

In the results seen by the Mercury, 14 replied yes, 17 replied no, and six said they “don’t care”.

The association said it would write to the Attorney-General, Guy Barnett, advising him of the results – noting there was “some support for change among our members”.

Greg Barns SC, the former Australian Republican Movement chair, who also ran the 1999 republican referendum campaign, told the Mercury he had voted no.

He said in many states across Australia, there was a “move away from what is an archaic title and era”.

Greg Barns SC. Picture: Chris Kidd

Mr Barns also pointed to the experience of New South Wales, which scrapped the QC and KC titles in 1993 and did not reinstate the option.

“In NSW, there is no impediment to people with SC getting huge amounts of work,” he said.

The association told the Mercury that no further action would currently be taken.

“There is some support among the local members for the option to be a KC if appointed a SC,” a spokesperson said.

“We have surveyed our membership, but nothing further is proposed by the Bar council.”

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Originally published as Tasmania unlikely to move back to ‘archaic era’ with King’s Counsel title for state’s top lawyers