Barrister Greg Barns slams King’s Counsel coming back as ‘embarrassing’

It’s been a vexed question for years as to whether lawyers recognised as Senior Counsel should be queen or King’s Counsel. Find out the latest move by the Attorney-General.

Chair of the Prisoner's Legal Service Greg Barns SC. Picture: Chris Kidd

Tasmanian lawyers recognised as Senior Counsel will next month have the choice to be called King’s Counsel – a move described by one prominent barrister as “anachronistic and embarrassing”.

Attorney-General and Minister for Justice, Guy Barnett, has confirmed that legal practitioners who have been appointed as Senior Counsel in Tasmania should have the choice to apply to be appointed as King’s Counsel.

“Following recent consultation with key legal stakeholders, I have decided to establish a protocol to give Senior Counsel in Tasmania the choice to apply for the title of King’s Counsel, while retaining the role of the Supreme Court in determining which practitioners should be recognised for their experience and expertise,” Mr Barnett said.

He said the protocol would commence from December 1 this year.

Barrister Greg Barns SC is critical of the move which he called “backward”.

Minister Guy Barnett. Picture: Linda Higginson

He said the Labor government under late Premier Jim Bacon got rid of Queen’s Counsel in the 1990s and replaced it with Senior Counsel as had WA, NSW, the Northern Territory and South Australia.

“What other states have done is taken away that option to reflect the fact that it’s just anachronistic to be called a King’s Counsel,” Mr Barns said.

“It’s also out of keeping with modern Australia, which is, you know, well, on the way to becoming a republic.

“It’s just the conservatives always wanting to take Tasmania backwards and it is embarrassing.”

In July the Tasmanian Bar surveyed members on whether it wanted KCs with 17 members saying no, 14 members supporting KC and six saying they didn’t care.

In an email to members informing them of the results Bar president Tom Cox said he would write to the Attorney-General as requested advising him of the survey results.

“I will add that the results do not give the Council a mandate to lobby for change, but acknowledge there is some support for change among our members,” he wrote.

Mr Cox said on Sunday said: “It’s been quite a vexed issue for a long time.”

“There are different views across the bar.

“Giving those who want to have the election it is probably a fair thing but there are mixed views across the bar about it.

“There are concerns that it’s old fashioned and anachronistic.”

Labor’s legal spokeswoman Rebecca White said it was a step into the past.

“It was under Jim Bacon as Premier that Tasmania moved away from using old terms connected to the monarchy and stepped into the 21st century with Senior Counsel used to describe legal practitioners with recognised experience.

“Nearly every other state in the country has taken the same step but here in Tasmania the Attorney-General wants to take us back to the past, despite the fact a majority of the Bar voted against it earlier this year.

The Chief Justice appoints outstanding practitioners as Senior Counsel.