Piddington goes to chambers — The Hon Justice Michael Buss
“I think there are a lot of young people who have that self-doubt and insecurity. I think it is important for young people not to set too high a benchmark for themselves.”
As the Court of Appeal heads towards it’s 15th birthday, we sat down with the Hon Justice Michael Buss, President of the Court of Appeal of Western Australia.
Justice Buss was appointed to the Supreme Court of Western Australia, including as a Judge of the Court of Appeal, on 1 February 2006, and was appointed as President of the Court of Appeal in July 2016.
He graduated with a Bachelor of Jurisprudence (Honours) and Bachelor of Laws (Honours) from the University of Western Australia and was admitted to practice in Western Australia in 1977.
He was a partner of a Perth law firm between 1982 and 1987. Justice Buss joined the Independent Bar in 1987 and was appointed a Queen’s Counsel in December 1993.
The following is an edited extract of an interview The Piddington Society held in the President’s chambers on 8 July 2019.
Beyond what we know of you as a judge and lawyer, who is President Buss?
I was the first member of my family to go to university.
No member of my family had practised a profession and no member of my family had been involved in business or commerce.
When I started at law school and when I graduated I had little or no practical understanding of the way business or commerce operated.
I am married to Virginia. Between us we have five children, a son and four daughters.
My eldest daughter Emma is a violinist. My son Tom is a doctor. Olivia is studying law. Alice has a commerce degree and works at a corporate communications agency. And Susannah is in her first year at university studying arts, with an interest in sociology and criminology.
Virginia and the children are at the centre of my life, together with our Labrador Retriever, Baloo, named after the bear in the Jungle Book.
I do not have a lot of spare time outside of work, so I spend what I do have with my family.
After such a long career in the law, and now heading a Court, how do you persevere?
Like many people in the profession, I have a deep interest in the law.
I find it fascinating because it is impossible to know everything about the law. It is a constant challenge. Challenges of this kind appeal to me.
I like to solve legal problems; in particular, novel ones.
I have a lot of determination and I think I have an excellent work ethic.
My work gives me a high degree of satisfaction.
With this in mind, how do you overcome challenges?
I started my legal training in 1977. My period of articles was one year.
For two and a half years after my articles I was exposed to a wide range of legal work both litigious and non-litigious, including some criminal law.
Following this I went to a large law firm, which is now a national law firm, for nearly seven years. While I was there I did non-litigious commercial work.
By the middle of 1987 when I was 31 going on 32, I decided I wanted a complete change of direction. When I was at law school I thought it would be a great thing to be a barrister. So I went to the independent bar for a six-month pupillage with Bob Anderson QC.
I spent 18 years at the independent bar until I was appointed to the Court of Appeal on 1 February 2006.
I was particularly fortunate during my period in practice to learn from and be mentored by a number of outstanding senior people. I received excellent training.
I am not someone who gives up easily and I enjoy a challenge. The only way to overcome a challenge, for me anyway, is hard work, persistence and determination. I want to get to the right answer.
Satisfaction in my work is important to me.
What do you wish more lawyers knew?
That is a hard question to answer. Instead, I will say what makes for a good lawyer in the Court of Appeal and what I hope for junior lawyers.
Counsel appearing in the Court of Appeal need to have mastered the brief, to know the material facts, to know the applicable legal principles, to know the strengths and weaknesses of their case and to be able to engage in discourse with the Bench.
They must have the judgment to know what points to pursue, what points to give away and how to put the best complexion they properly can on the argument they are advancing without unnecessary repetition.
Beginning legal practice is not easy. I have not forgotten what it was like when I started. There were times I had self-doubt as to whether this was the right profession for me and whether I would make the grade.
I think there are a lot of young people who have that self-doubt and insecurity. I think it is important for young people not to set too high a benchmark for themselves.
We have to be realistic in what we can do and what we can achieve at particular stages of our careers.
Of course, junior lawyers should learn from their mistakes and seek help from senior people, who usually make themselves available to assist other colleagues.
It is important that junior lawyers have time to do other things with their lives, to have pleasure and fulfilment outside the law.
One of the things that has helped me is being adaptable and pursuing new areas of practice. As a barrister I had a broad practice, but I did not do family law, I did very little criminal law and I did not appear in the Industrial Relations Commission. When I came to the Bench these were areas that I had to get to grips with very quickly.
If someone has a limited view of the law, because they practise in only one narrow area, that can be dispiriting. It is easy to lose the big picture and an overall perspective of the law.
If a lawyer does not seek to have an overview of the law, work can become dull and routine.
How has the Court of Appeal developed?
The Court was very fortunate that it had the Hon Christopher Steytler AO QC as its inaugural President. He is a fine person, and was an outstanding lawyer and an excellent judge.
He did a great job in establishing the Court and getting the rules and procedures settled. I believe he had input into the provisions of the Supreme Court Act which established the Court and other statutes which govern the Court’s work.
He also established a very good foundation for the administrative arm of the Court with the Court’s initial Registrar, Pam Eldred. The legal profession and the administration of justice owe him an enormous debt. With this in mind we named the new library in the 1903 building The Chris Steytler Library.
President Steytler was succeeded by the Hon Carmel McLure AC QC who was, by any measure, an outstanding jurist. She made a first rate contribution to the quality of the judgments of the Court.
I think what was established by President Steytler and built upon by President McLure has ensured a very secure foundation for the Court.
How do you relax and unwind?
I mentioned my family, who are very important. There is my relationship with Virginia which is vital in helping me unwind. The time that I have with my children is precious.
The Labrador Retriever is a fine example to human beings on how to be in the world. He is incredibly friendly and relaxed, nothing seems to worry him and he has a beautiful nature. I benefit from getting up in the morning and coming home after work and taking Baloo to the park.
I have always had a keen interest in classical music. My father was a musician. Virginia and I have subscribed to the Australian Chamber Orchestra for a number of years. When I see and hear them play I feel privileged.
I have a number of favourite pieces. I love Beethoven and Mozart, particularly Beethoven’s 3rd, 4th and 5th piano concertos, his violin concerto and his 5th, 6th and 7th symphonies. As for Mozart, I love his clarinet concerto and his late symphonies, 39, 40 and 41, and his great operas: The Marriage of Figaro, The Magic Flute and Don Giovanni. There is also Bach and many others.
One of the advantages of attending the Australian Chamber Orchestra concerts is that they always have one contemporary piece which I often have not heard. It is always a memorable experience.
I enjoy travel, too. Virginia has said that when I give away the law I should become a travel agent. I like planning the trips: the places we will visit, the hotels we will book, what flights we will take and how long we will stay etc.
We enjoy going to London and then travelling to places in Europe. In late-May and into June this year we went to Spain where we had never been. We also spent some time in London where I was able to catch up with a former associate who is now working in London.
Virginia is a voracious reader. She has an Instagram account dedicated to books and over 40,000 followers. In London she was able to catch up with groups of people who follow her account. Someone even travelled from Germany to London to meet her.
Although I am not as voracious a reader as my wife, I do find it a good way to unwind, especially to help me sleep at night.
I can read about 10 pages a night or one page 10 times. I like both fiction and non-fiction. I read crime fiction, believe it or not, because you might think I have enough crime in my daily work.
Two books I bought in London at Waterstones, a fine bookshop, were by an Irish author Steve Cavanagh. I had not heard of him. One called Twisted and the other called Thirteen. The latter was about a New York criminal defence lawyer who had to defend someone on a murder charge. The front cover indicates that the killer is not on trial but is on the jury. There were a lot of American courtroom scenes and lots of action and mystery. It was entertaining.
For non-fiction I have always been interested in the big questions in life, many of which are unanswerable. Questions of life and death, the universe and such. My one regret is that I will die without more progress having been made on the Big Bang Theory, black holes, the ultimate fate of the universe and all of that.
I read books reasonably slowly so that I can see how the author has written and constructed the book. I may be a frustrated novelist.
What does justice mean to you?
Justice in my work means justice according to law.
Each case is defined by a legal framework and if there is to be any credence in the system of law then it is essential to be faithful to the legal principles and process.
In an appellate context, the Court applies the principles and process within the structure mandated by Parliament and the High Court. I endeavour, as an appellate judge, to enhance justice by creating an atmosphere in the Court which is businesslike but is also civil towards counsel and, in criminal matters, the offender. The integrity of the justice system is secured by the correct application of accepted legal principles and process in the context of appellate review.
It is important, especially in criminal cases, to identify issues which may not have been appreciated or fully appreciated by the judge below or by counsel. It is not unusual in criminal appeals for the Justices of Appeal to raise with counsel points that may be relevant to the fair determination of the case which have not previously been raised. It is also not unusual in criminal appeals for new or amended grounds to be formulated where the Justices of Appeal believe they may be critical in the fair determination of the case. The correct issues need to be identified, ventilated and resolved, although subject to and in accordance with the appellate review system.
That to me is justice in the context of my work.
Justice cannot involve a broader concept in my work because the moment a judge imposes his or her idiosyncratic view of the law then the judge has been untrue to his or her oath or affirmation.
That is the foundation for all ethical judicial behaviour, the oath or affirmation to do right to all manner of people, according to law, without fear or favour, affection or ill will.
