He also shares a particularly meaningful pro bono matter he handled
Last week, former NSW Supreme Court justice Michael Walton talked to Australasian Lawyer about why he opted to go into private practice – and Carroll & O’Dea in particular – after retiring from the judiciary last year. In the second part of this interview, we dive deeper into Walton’s illustrious career as he discusses a memorable pro bono matter he handled that went to the National and Supreme Courts of Papua New Guinea and tells us what he hopes to achieve in his new role.
As a justice, you’ve heard numerous cases involving different matters - what’s one matter you heard that has stuck with you?
It would be invidious to talk about former cases but I would say I relished in the diversity of jurisdictions one dealt with as a judge in the common law division of the Supreme Court.
You’ve done a lot of pro bono work worldwide. What’s one pro bono matter that has been particularly memorable or meaningful for you?
A Papua New Guinian man was dismissed for assisting his brother unloading timber from a competitor logging company when he came across his brother struggling with the task of unloading timber while he was travelling down a river on his day off. It was essential that assistance be given for cultural reasons. A union was successful in obtaining reinstatement for that person before a Tribunal but had no resources to defend against a challenge to the Tribunal’s decision on jurisdictional grounds by the logging company (which was represented by a large Australian law firm).
The matter went to the National and Supreme Courts of PNG. I appeared pro bono and was successful in establishing the jurisdiction of the Tribunal. The decision of the Tribunal was confirmed and the worker continued employment. I vividly remember my instructing solicitor – a local named Moses Murray.
What do you hope to achieve in your time with Carroll & O’Dea?
Carroll & O’Dea has an excellent reputation in the practice of law and is experiencing significant growth. I hope to contribute to the same.
Additionally, I hope to be able to assist, as mentioned, with the development of young solicitors and law clerks in the firm, provide assistance in grappling with difficult or complex legal questions and have the opportunity to undertake, in one form or another, a mediation practice. As to the last mentioned area, I am enthusiastic to re-engage with mediations, having had significant experience in mediation when undertaking judicial mediations in the Industrial Court of NSW and conciliations in the Industrial Commission of NSW over 18 years.
