The Hon. Justice Robert McClelland

8 February 2018

Firstly I’d like to begin by acknowledging the Traditional Owners of the land on which we meet today. I would also like to pay my respects to Elders past and present. Secondly, I would like to thank the ADC for inviting me to speak here today on the topic of reasonableness and how reasonableness is a fundamental aspect of a lawyers’ duty to the court and the administration of justice.

Speaking at the 2017 Queensland Legal Profession Dinner, the president of the Queensland Law Society, Ken Taylor stated;

When we are admitted, we take an oath that we will, first and foremost, discharge our duty to the court and the administration of justice. We do what is right-not what is popular…At every turn, when rights are threatened or abused; you will find a lawyer standing between abusers and their victims.

The question is – what is a lawyer’s duty to the court and to the administration of Justice. In most jurisdictions around Australia, relevant legislation or court rules confirm that a fundamental part of the duty is to facilitate the just resolution of disputes.

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