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Qld judicial reforms loom as Carmody walks

Getty

Getty

The Queensland government will change the way judicial appointments are made after Tim Carmody’s trouble-plagued time as Chief Justice.

Justice Carmody has offered to resign, ending one of the most divisive periods in the state’s legal history.

He’ll meet with various parties this week to discuss the details of his departure, including demands for a proper settlement after just 10 months in the job and a reform of the courts.

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Attorney-General Yvette D’Ath has already committed to establishing protocols for judicial appointments to ensure history doesn’t repeat.

Her department is also examining other jurisdictions to determine if a judicial commission would improve Queensland’s justice system.

The saga will also cost the government purse, with the settlement to secure the departure of Justice Carmody, who earns almost $470,000 a year, likely to be hefty.

Justice Carmody acknowledged his position had become untenable after almost a year of in-fighting after his appointment by the Newman government.

“Those resistant to change and modernisation have made it their primary goal to force me out, seemingly at all costs,” Justice Carmody said in a statement on Monday.

“I am willing to resign on just terms, not for them, not because of them, but to break the impasse we now find ourselves at.”

A-G D'Ath thanked Justice Carmody for putting the judiciary before himself.

A-G D’Ath thanked Justice Carmody for putting the judiciary before himself. Photo: Getty

Justice Carmody was elevated to the role of Queensland’s top judge after just nine months as chief magistrate, and amid claims he lacked the necessary experience and was too close to government.

Not a single Supreme Court judge attended his public welcoming ceremony, despite then-premier Campbell Newman and attorney-general Jarrod Bleijie holding peace talks with judges a week earlier.

The bitter stand-off came to a head just a few weeks ago, when a fiery email exchange between Court of Appeal Justice Margaret McMurdo and Justice Carmody was made public.

The emails detailed an argument between the two judges over the appeal of Daniel Morcombe’s convicted killer, culminating with Justice McMurdo refusing to work with him again.

Then Justice John Byrne is said to have used his phone to record Justice Carmody referring to colleagues as “scum”.

Justice Carmody, who is on leave for a back problem, met with Ms D’Ath several weeks ago and indicated he intended to quit.

“I consider that a significant gesture on his part to put the court and the courts’ interests before himself,” Ms D’Ath said.

Queensland Council for Civil Liberties president Michael Cope welcomed Mr Carmody’s offer of resignation, saying he shouldn’t have been appointed in the first place.

Corruption fighter and critic of the appointment Tony Fitzgerald declined to comment, other than to say Justice Carmody should be allowed to leave with dignity.

Justice Carmody’s offer to quit comes despite him telling senior barristers he wouldn’t be bullied out of the job.

But retired Justice Jim Thomas said Mr Carmody wasn’t a victim.

“I think the remaining judges saddled up and kept the courts running while they had a person who wasn’t showing any leadership and wasn’t performing his fair share of the work,” he said.

Meanwhile, Justice McMurdo stood by her behaviour towards Justice Carmody, defending allegations he was the target of “white anting”.

“All decisions I’ve made have been principled and based on the correct thing to do as I’ve perceived it and I stand by them,” she said.

AAP

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