Stephen Estcourt
Encyclopedia
Stephen Estcourt QC was born 20 March 1953 at Hobart
, Tasmania
. Since 2004 he has maintained barristers chambers in Hobart and Melbourne
, dividing his time between the two.
and graduated with an Honors degree in law from the University of Tasmania
in 1974.
he was appointed as a Magistrate
in 1990 sitting in Hobart.
Estcourt left the Court in 1994 to establish for the Tasmanian Government its Resource Management and Planning Appeal Tribunal. After 2 years as the inaugural Chair of that body he resigned to join the Tasmanian Independent Bar in late 1995.
He "took silk" in 1998 and as a Queens Counsel practiced extensively in the civil and criminal jurisdictions of the Supreme Court of Tasmania
and in the Federal
and High Courts of Australia
. Estcourt was President of the Law Society of Tasmania in 1988 and between 2003 and 2007 was President of the Tasmanian Independent Bar. In 2006 he was elected President of the Australian Bar Association, a position he held until January 2008. Estcourt signed the Victorian Bar Roll in September 2004.
In 2001 Estcourt was appointed a part time Deputy President of the Commonwealth Administrative Appeals Tribunal and sat all over Australia hearing chiefly visa refusal and deportation cases. He left the AAT in 2004 as a result of philosophical objections to Attorney General
Philip Ruddock
's apparent oversight and appointment practices.
These also included a rarely permitted intervention in the High Court of Australia on behalf of the UNHCR as amicus curiae in Minister for Immigration v QAAH. In 2009 he was engaged pro bono from Melbourne as senior counsel in litigation against the Tasmanian Government over conditions in Behavioural Management Unit in Tasmania’s Risdon Prison.
Estcourt was President of the ABA during the infamous arrest and detention of Gold Coast
doctor Mohammed Haneef and famously said when informed by the Sydney Morning Herald of Immigration Minister Andrew
's cancellation of Haneef’s visa after a Brisbane
magistrate had granted him bail "He can’t do that", an opinion ultimately shared by the Full Federal Court of Australia
Among his more notable cases Estcourt acted for the Tasmanian Deputy Premier
Bryan Green
in his criminal trial on charges under the Criminal Code arising from the granting of a monopoly to the Tasmanian building industry regulator. Estcourt's involvement in that trial led to an allegation that he had entered into an illegal bargain with the Tasmanian Government to be appointed the Solicitor General for Tasmania in exchange for acting for Green without fee. That rumour was judicially debunked by Justice Evans in State of Tasmania v Johnston, but prior to that the Hobart Mercury newspaper falsely reported that Estcourt had declined to be interviewed about the matter by Tasmania Police. He sued the Mercury and its reporter Sue Neales for defamation and the settlement in Estcourt's favour involved the largest judgement for damages for defamation in Tasmanian legal history, as well as fulsome official and personal apologies from the Editor.
Hobart
Hobart is the state capital and most populous city of the Australian island state of Tasmania. Founded in 1804 as a penal colony,Hobart is Australia's second oldest capital city after Sydney. In 2009, the city had a greater area population of approximately 212,019. A resident of Hobart is known as...
, Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
. Since 2004 he has maintained barristers chambers in Hobart and Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
, dividing his time between the two.
Education
He was educated at New Town High School and Elizabeth Matriculation CollegeElizabeth College, Hobart
-Introduction:Elizabeth College is a public school of approximately 1100 students, run by the Tasmanian Department of Education. It caters to students in years 11 and 12, but there are also older enrolments.-Campus:...
and graduated with an Honors degree in law from the University of Tasmania
University of Tasmania
The University of Tasmania is a medium-sized public Australian university based in Tasmania, Australia. Officially founded on 1 January 1890, it was the fourth university to be established in nineteenth-century Australia...
in 1974.
Career
After 15 years as a barrister and solicitor with the firm of Archer Bushby in LauncestonLaunceston, Tasmania
Launceston is a city in the north of the state of Tasmania, Australia at the junction of the North Esk and South Esk rivers where they become the Tamar River. Launceston is the second largest city in Tasmania after the state capital Hobart...
he was appointed as a Magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
in 1990 sitting in Hobart.
Estcourt left the Court in 1994 to establish for the Tasmanian Government its Resource Management and Planning Appeal Tribunal. After 2 years as the inaugural Chair of that body he resigned to join the Tasmanian Independent Bar in late 1995.
He "took silk" in 1998 and as a Queens Counsel practiced extensively in the civil and criminal jurisdictions of the Supreme Court of Tasmania
Supreme Court of Tasmania
The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, and is able to both receive appeals from lower courts, and able to be appealed from.The ordinary sittings of the...
and in the Federal
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
and High Courts of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
. Estcourt was President of the Law Society of Tasmania in 1988 and between 2003 and 2007 was President of the Tasmanian Independent Bar. In 2006 he was elected President of the Australian Bar Association, a position he held until January 2008. Estcourt signed the Victorian Bar Roll in September 2004.
In 2001 Estcourt was appointed a part time Deputy President of the Commonwealth Administrative Appeals Tribunal and sat all over Australia hearing chiefly visa refusal and deportation cases. He left the AAT in 2004 as a result of philosophical objections to Attorney General
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
Philip Ruddock
Philip Ruddock
Philip Maxwell Ruddock is an Australian politician who is currently a member of the House of Representatives representing the Division of Berowra, New South Wales, for the Liberal Party of Australia...
's apparent oversight and appointment practices.
Cases
He has a pro bono ethic and has been involved in a number of significant public interest cases in Hobart, Melbourne and in Brisbane, among them Commonwealth of Australia v Wood, Sok v Minister for Immigration, Minister for Immigration v X and QAAA v Minister for Immigration.These also included a rarely permitted intervention in the High Court of Australia on behalf of the UNHCR as amicus curiae in Minister for Immigration v QAAH. In 2009 he was engaged pro bono from Melbourne as senior counsel in litigation against the Tasmanian Government over conditions in Behavioural Management Unit in Tasmania’s Risdon Prison.
Estcourt was President of the ABA during the infamous arrest and detention of Gold Coast
Gold Coast, Queensland
Gold Coast is a coastal city of Australia located in South East Queensland, 94km south of the state capital Brisbane. With a population approximately 540,000 in 2010, it is the second most populous city in the state, the sixth most populous city in the country, and also the most populous...
doctor Mohammed Haneef and famously said when informed by the Sydney Morning Herald of Immigration Minister Andrew
Kevin Andrews (Australian politician)
Kevin James Andrews is an Australian politician and member of the Liberal Party of Australia. He is a member of the House of Representatives and was Minister for Immigration and Citizenship in the Howard Government, having previously been Minister for Employment and Workplace Relations from 7...
's cancellation of Haneef’s visa after a Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
magistrate had granted him bail "He can’t do that", an opinion ultimately shared by the Full Federal Court of Australia
Among his more notable cases Estcourt acted for the Tasmanian Deputy Premier
Deputy Premiers of Tasmania
The Deputy Premier of Tasmania is a role in the Government of Tasmania assigned to a responsible Minister in the Australian state of Tasmania. It has second ranking behind the Premier of Tasmania in Cabinet, and its holder serves as Acting Premier during absence or incapacity of the Premier...
Bryan Green
Bryan Green
Bryan Alexander Green is a Tasmanian Labor politician and member of the Tasmanian House of Assembly in the electorate of Braddon. In July 2006 he was forced to step down as Deputy Premier and Minister for Economic Development and Resources pending an enquiry into deal made with the TCC...
in his criminal trial on charges under the Criminal Code arising from the granting of a monopoly to the Tasmanian building industry regulator. Estcourt's involvement in that trial led to an allegation that he had entered into an illegal bargain with the Tasmanian Government to be appointed the Solicitor General for Tasmania in exchange for acting for Green without fee. That rumour was judicially debunked by Justice Evans in State of Tasmania v Johnston, but prior to that the Hobart Mercury newspaper falsely reported that Estcourt had declined to be interviewed about the matter by Tasmania Police. He sued the Mercury and its reporter Sue Neales for defamation and the settlement in Estcourt's favour involved the largest judgement for damages for defamation in Tasmanian legal history, as well as fulsome official and personal apologies from the Editor.