The Honourable Peter Johnstone

Adjunct Professor - School of Law

Peter Johnstone

Email: pjohnstone22@bigpond.com

Biography

Peter Johnstone has been appointed an Adjunct Professor in the School of Law at the University of New England, Armidale, specialising in Children’s Law.  Peter was born in Armidale where he grew up and went to school, attending the Armidale Demonstration School (primary) and The Armidale School (secondary), where he attained the Higher School Certificate (1967) and was awarded a Commonwealth Scholarship.  He then spent a year in Argentina at the Colegio Nacional, San Carlos de Bariloche (secondary), where he attained the Argentine Bachillerato (1968).

Peter returned to Australia where he attended the Law School at the University of Sydney (1969 - 1972) and attained a Bachelor of Laws Degree (LLB). He then spent over 50 years working in legally related occupations.  Having served Articles of Clerkship at the law firm Ashurst (then known as Blake Dawson Waldron), he was admitted as a solicitor in 1973 and practised for over 33 years at that firm.  He was then appointed a Judge of the District Court of NSW in 2006 and spent the next 18 years serving in that role until his compulsory retirement in 2024 (age 75).

Career highlights as a solicitor included serving in various management roles at Ashurst, including the roles of Staff Partner, Sydney Managing Partner, Melbourne Managing Partner, then National Chief Operating Partner before his appointment to the bench.  He played an active role in the Law Society of NSW where he was an elected councillor for 5 years, becoming President-Elect in 2006.

As a judge, Peter served as President of the Children’s Court of NSW for nine years
(2012 - 2021), and as Chief Magistrate of the Local Court of NSW for 3 years (2021 - 2024).  

During his tenure as President of the Children’s Court, Peter was concerned to promote and expand community services and resources to assist disadvantaged families and children at risk, across all of NSW, in particular in respect of mental health issues, family violence, drug and alcohol dependence, and homelessness.  He was keenly involved in addressing youth issues relating to children such as the overrepresentation of Aboriginal children and young people in the youth justice and care and protection systems.   He has also advocated for prevention, early intervention, diversion and rehabilitation of children and young persons involved in the justice system, including the use of detention only as a last resort, increased use of the Young Offenders Act, reducing the incidence of short-term remand, and greater attention to children not attending school.  He oversaw the establishment of the Youth Koori Court in 2015, which now operates at Parramatta, Surry Hills and Dubbo.

Qualifications

Bachelor of Laws, University of Sydney (1972)

Primary Research Area/s

Children's Law

Publications

Authored works

  • NSW Civil Practice and Procedure (Thomson Publishing)
    - Part 7 Div 2 - Civil Procedure Act 2005 (Sections 98 - 99)
    ­- Part 42 - Uniform Civil Procedure Rules (UCPR)
  • NSW Civil Trials Bench Book (Judicial Commission)
    - Chapter on Costs
    ­- Section on Security for Costs
    - Chapter on Care Appeals


Articles

  • Article on Directors' and Officers' Liability - Australian Corporate Lawyer, September 1989  - Portfolio magazine, October 1989
  • Article on Employment of Graduates - Financial Review, 16 June 1992
  • Articles on Uniform Civil Procedure - Law Society Journal, 2005
  • Article on Emerging Developments in Juvenile Justice - The Judicial Review, Volume 12, No 4, 2016
  • Article in the UNSW Law Society Court of Conscience Publication, Issue 14, 2020 on “Alternative Child Representative Models in the NSW Care and Protection Jurisdiction”
  • Article in the Chronicle #1 of 2020 for the International Association of Youth and Family Judges and Magistrates on Forensic Evidence in Child Protection Proceedings

Evidence

  • Evidence given to the NSW Parliamentary Inquiry into Child Protection, 27 September 2016
  • Evidence given to the Australian Law Reform Commission Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples, 2 March 2017
  • Evidence given to the Royal Commission into the Child Protection and Youth Detention Systems of the Northern Territory, 8 May 2017
  • Evidence given to the NSW Parliamentary Inquiry into Youth Diversion in NSW, 30 April 2018
  • Evidence given to the NSW Special Commission of Inquiry into the Drug Ice, 2 October 2019

Speeches and Orations

  • Oration at the Cowra Peace Bell Assembly, 17 September 2013
  • Speech to Epping Rotary Club Dinner, 10 March 2014
  • Speech at West Pennant Hills Probus Club, 7 October 2014
  • Speech at the launch of the Intellectual Disability Rights Service (IDRS) Website at Alexandria Town Hall, 13 November 2014
  • Speech at the Ceremonial Sitting to Launch the Youth Koori Court at Parramatta Children’s Court, 6 February 2015
  • Speech at the opening of the Surry Hills Children’s Court, 30 January 2018
  • Speech at the launch of the Youth Koori Court at Surry Hills,
    6 February 2019
  • Speech at Epping Rotary Club Dinner, 8 April 2019
  • Address at the State Conference of the Police Citizens Youth Clubs of NSW on Youth Justice in Sydney, 29 November 2019
  • Speech at the NSW Child Protection Legal Conference at the International Convention Centre, 4 February 2021
  • Speech to the Dinner Club at the Australian Club on Youth Justice in NSW, 26 April 2021
  • Speech to Sydney Rotary Club, 13 July 2021
  • Speech at the Children’s Court Clinic 20th Anniversary Symposium, 27 July 2021
  • Presentation at the Legal Aid Family Law and Care and Protection Conference, 13 August 2021
  • Speech to Wahroonga Rotary Club, 22 September 2021
  • Speech to Rotary District Conference, 19 March 2022
  • Speech to NSW Medical Students Conference, 27 March 2022
  • Speech at the Graduation Parade of NSW Sheriffs Officers, Parramatta, 20 May 2022
  • Presentation at the Diverse Women in Law Forum on Diversity, 30 June 2022
  • Address to the Law Society of NSW Litigation Law and Practice Committee, 30 August 2022
  • Keynote address at the Deloitte Roundtable on Criminal Justice, 14 September 2022
  • Address to Seminar for Services to Reduce Recidivism, at Merewether, 26 May 2023
  • Address at the Legal Aid NSW Criminal Law Conference at the ICC, 2 August 2023
  • Address at the Moss Vale Courthouse 100th anniversary celebration, 12 February 2024
  • Speech at Sydney University to launch the book “Youth Crime, Youth Justice and Children’s Courts in NSW, 27 February 2024
  • Address at the Manly Courthouse 100th centenary celebration, 4 July 2024
  • Farewell address at the DCLC Swearing-Out Ceremony, 5 July  2024
  • Keynote Address at the UNE School of Law Common Law Week at Armidale, 26 February 2025

Papers

  • Paper on Liability Insurance at Resource Underwriting Pacific Pty Ltd Conference, 6 March 1995
  • Paper on Risk Management in Large Law Firms presented at FMRC Conference, 19 September 1995
  • Paper on Costs in the Workers Compensation Commission presented at WCC Arbitrators Training Day, 30 April 2003
  • Paper on the Legal Profession Act 2004 presented at the NSW State Legal Conference, 30 March 2005
  • Paper on Developments in Contract Law presented at the NSW District Court Annual Judges Conference, 26 March 2008
  • Paper on Party/Party Costs Post the UCPR presented at the Annual Law Society Arbitrators Conference, 5 April 2008
  • Paper on Costs presented at the State Legal Conference,
    27 March 2009
  • Paper on Civil Law Developments presented at the NSW Local Court Conference, 3 July 2009
  • Paper on Offers of Compromise presented at the State Legal Conference, 31 March 2010
  • Paper on Indemnity Costs presented at the NSW Bar Association ADR Conference, 28 August 2010
  • Paper on Contract Law presented at the NSW Administrative Decisions Tribunal (ADT) Annual Members Conference, 16 September 2011
  • Paper on Civil Law presented at a Seminar for Local Court Magistrates, 21 November 2011
  • Paper on Clinical Evidence in Care Proceedings presented at the Children’s Court Clinic Professional Development Day, 26 October 2012
  • Paper on Changes and Challenges in the Children’s Court presented at the Orana Law Society/Community Services Conference at Dubbo, 22 March 2013
  • Paper on Appeals from the Children’s Court presented at the NSW District Court Judges Conference at Newcastle, 2 April 2013
  • Paper on Best Practice in the Conduct of Care Proceedings presented at the Community Services Legal Conference, 1 August 2013
  • Paper on Recent Cases in the Care Jurisdiction presented at the Legal Aid Conference, 17 October 2013
  • Paper on Emerging Developments in Juvenile Justice presented at the 5th Annual Juvenile Justice Summit, 20 March 2014
  • Paper on Cultural Plans in Care Proceedings presented at the  Metro Care Forum, 21 May 2014
  • Paper on the Children’s Court of NSW presented at the ACWA Research Forum, 23 July 2014
  • Paper on Brain Science and Children presented to the Children’s Legal Service (CLS) Annual Conference, 11 October 2014
  • Paper on the Children’s Court presented at the NSW Police Youth Officers Conference at the Police Academy, Goulburn, 19 May 2015
  • Paper on Evidence in the Children’s Court presented to the Australian Association of Child Welfare Agencies (ACWA) Forum, 21 July 2015
  • Paper on Care & Protection Reforms presented to the NSW Legal Aid Care Conference, 7 August 2015
  • Paper on Current Issues in Youth Crime presented to the Children’s Legal Service Annual Conference, 15 August 2015
  • Paper on Children’s Representatives presented at a Sydney Institute of Crime Seminar, 28 September 2015 on ATSI Principles in the Care Act presented at a Cultural Planning Conference at Williamstown, 4 September 2015
  • Paper on Children’s Voices in Care Proceedings presented to the Children’s Court Clinic Professional Development Day, 30 October 2015
  • Paper on Children’s Participation in Care Proceedings presented to the Legal Aid Care Conference on Child Representation at Wollongong, 5 March 2016
  • Paper on Care Appeals presented to the District Court Judges  Annual Conference, 29 March 2016
  • Paper on Current Issues in Crime and Care in the Children’s Court presented to Local Court Magistrates at the Southern and Northern Regional Conferences in March and April 2016
  • Keynote Address to the Australian and New Zealand Association of Psychiatry, Psychology and the Law, 1 March 2017
  • Paper to the 6th Annual Juvenile Justice Summit on Early Intervention, Diversion and Rehabilitation of Children, 5 May 2017
  • Paper to the Children’s Court Clinic at Westmead Children’s Hospital on Aboriginal Families in the Children’s Court, 25 May 2018
  • Paper to the NSW Bar Association CPD Conference on the Jurisdiction of the Children’s Court, 30 March 2019
  • Paper to the District Court Judges Annual Conference on the Children’s Court of NSW, 24 April 2019
  • Paper to the National Centre on Shaken Baby Syndrome and the Sydney Children’s Hospital Network on ‘Forensic Evidence in Child Protection Proceedings’, 16 September 2019
  • Keynote Address to the Australasian Institute of Judicial Administration (AIJA) Justice for Young People Conference in Melbourne, 8 November 2019
  • Paper presented to Local Court Magistrates at the Southern and Regional Conference on ‘Youth Crime in NSW: an Environmental Scan’, 6 March 2020
  • Paper presented to NSW Police Youth Officers at Riverstone Police Station on Youth Justice, 16 February 2021
  • Paper presented to the Royal Australian and New Zealand College of Psychiatrists (RANZCP) Section of Child and Adolescent Forensic Psychiatry Virtual Conference on Children and Criminal Responsibility, 19 March 2021

Memberships

  • Member of the Law Society of NSW, currently a Retired Judicial Member
  • Associate Member of the NSW Bar Association
  • Member of the Australian Institute of Judicial Administration (AIJA)
  • Adjunct Professor, School of Law, University of New England, Armidale, NSW
  • Chair of the Organising Committee for reunions of the Sydney University Law School 1973 graduating year (1993, 2013 and 2023)

Prior Appointments and Memberships

  • 1971 - 2006: Ashurst, Solicitors (formerly Dawson Waldron/Blake Dawson Waldron
    • Articled Clerk (1971 - 1973)
    • Solicitor (1973 - 1974)
    • Senior Associate (1974 - 1977)
    • Partner (1977 - 2006)
  • 1976 - 1992: Member of the International Bar Association
  • 1981 - 1982: Director of the Marian Street Theatre Ltd
  • 1983 - 2006: Arbitrator (Civil Actions Act)
  • 1983 - 2006: Member of the Australian Insurance Law Association (AILA)
  • 1986 - 1989: Panel Solicitor for NIBA (National Insurance Brokers Association)
  • 1990 - 1992: Panel Solicitor for Solicitors Mutual Indemnity Fund NSW (LawCover)
  • 1990 - 2006: Member of the International Association of Defence Counsel
  • 1993 - 1994: Executive Member of the Federal Litigation Section of the Law Council
  • 1994 - 2006: Costs Assessor NSW (Appointed under the Legal Profession Act)
  • 1994 - 1999: Director of QIL (Quality in Law Incorporated), President (1997 - 1999)
  • 1994 - 2006: Mediator accredited by LEADR
  • 1995 - 2001: Member of the Australian Institute of Risk Management
  • 1996 - 2003: Mediator and Evaluator (Supreme Court of NSW)
  • 1997 - 1999: Chair of the Best Practice Board (Law Society of NSW)
  • 1997 - 1999: Acting Judge (part time) of the District Court of NSW
  • 1999 - 2006: Fellow of the Australian Institute of Management
  • 1999 – 2006: Institute of Public Administration, Australia (IPAA)
    • Fellow of the Victorian Division (1999 - 2000)
    • Member of the NSW Division (2001 - 2006)
  • 2001 - 2006: Trustee of CEDA
  • 2001 - 2006: Councillor of the Law Society of New South Wales
    • Treasurer (2004), Junior Vice-President (2005)
    • Senior Vice-President and President-Elect (2006)
    • Chair - Litigation Law and Practice Committee (2001 - 06)
    • Chair - Professional Conduct Committee (2006)
    • Member - Ethics Committee (2003), Audit Committee     (2004 - 05)
    • Representative Member: NSW Council of Professions      (2001 - 04) and the Legal Profession Advisory Council              (2003 - 06)
    • Representative Director: Law Council, and LawCover (2006)
  • 2002 - 2006: Arbitrator, NSW Workers’ Compensation Commission
  • 2003 - 2005: Member of the NSW Supreme Court Rule Committee
  • 2003 - 2006: Section Member of the Law Council of Australia
  • 2003 - 2006: Director and Public Officer of the Committee for Sydney
  • 2003 - 2009: Member of the NSW Attorney General’s Working Party on Uniform Civil Procedure
  • 2004 - 2014: Member of the Council of Australasian Tribunals (COAT)
  • 2005 - 2014: Member of the Uniform Rules Committee, NSW
    • Law Society Representative (2005 - 2006)
    • District Court Representative (2008 - 2014)
    • Local Court Representative (2021 - 2024)
  • 2005 - 2010: Director and Vice-President of the Shore School Foundation
  • 2005 - 2012: Author: NSW Civil Practice and Procedure Service (Thomson)
  • 2005 - 2013: Member: Chartered Institute of Arbitrators, London (2005 - 2013)
  • 2006 - 2024: Judge of the District Court of NSW 
    • A Deputy Chairperson of the Medical Tribunal (2008 - 2013)
  • 2008 - 2012: Author of the Chapter on Costs for the Civil Trials Bench Book
  • 2010 - 2012: A Commissioner (Part-time): NSW Law Reform Commission (NSWLRC)
    • Reference on Security for Costs (2009 - 12)
    • Reference on Compensation to Relatives (2010 - 11)
  • 2010 - 2016: Member of the TAS Company (OBU Representative)
  • 2011 - 2012: Member: Chief Justice’s Review of the Costs Assessment Scheme
  • 2012 - 2021: President, Children’s Court of New South Wales
    • Chair of the Children’s Court Advisory Committee
    • Chair of the Children’s Court Care Working Party
    • Representative Member of the South Pacific Council of Youth and Children’s Courts (SPCYCC)
  • 2015 -2024: Member of the Advisory Committee of the Sydney Institute of Criminology (SIC)
  • 2015 -2024: Member of the NSW Police Aboriginal Strategic Advisory Committee
  • 2017 - 2021: Director of Odyssey House NSW
  • 2017 - 2021: Director of the Police Citizens Youth Clubs NSW Ltd (PCYC)
  • 2018 - 2021: Member of the Youth Justice Advisory Committee, NSW (YJAC)
  • 2018 - 2022: Member of the NSW Government Aboriginal Overrepresentation Steering Committee (AOSC).
  • 2021 - 2024: Chief Magistrate of New South Wales
    • Member of the Judicial Commission of NSW
    • Member of the Council of Chief Magistrates
  • 2022 - 2024: Member of the NSW Government Aboriginal Justice Partnership Committee (AJPC)