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Walter Sofronoff

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Walter Sofronoff
President of the Queensland Court of Appeal
In office
3 April 2017 – 20 May 2022
Preceded byMargaret McMurdo
Succeeded byDebra Mullins
Solicitor-General of Queensland
In office
17 February 2005 – 13 March 2014
Preceded byPatrick Keane KC
Succeeded byPeter Dunning KC
Personal details
NationalityAustralian
EducationAnglican Church Grammar School
University of Queensland

Walter Sofronoff KC is an Australian jurist and lawyer who served as the President of the Queensland Court of Appeal (2017–2022) and as the Solicitor-General of Queensland from 2005 to 2014.

Early life and education

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Sofronoff attended the Anglican Church Grammar School in Brisbane,[1] and completed a Bachelor of Arts and Bachelor of Laws (Honours) at the University of Queensland in 1976.[2]

Career

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Sofronoff was called to the Bar in 1977 and took silk in 1988.[2]

He served as a member (1980–82), vice-president (1992–94) and president (1994–96) of the Bar Association of Queensland Committee.[2] He has also been a member of the Queensland Incorporated Council of Law Reporting (1999–2004), president of the Queensland Anti-Discrimination Tribunal (2001–05), a member of the Royal Australian Navy Reserve (2003–2014) and a member of The University of Queensland Law School Advisory Board (2014–).[2] In 1999, Mr Sofronoff was an adjunct professor of law at The University of Queensland.[2]

Solicitor-General of Queensland

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Sofronoff served as the Solicitor-General of Queensland from 2005 to 2014.[2] He was involved in a number of high-profile cases, including those involving surgeon Jayant Patel and the Aurukun Nine, nine men convicted of the gang rape of a 10-year-old girl in far north Queensland.[3] He resigned as solicitor-general in 2014 amid tensions between the Newman government and the legal fraternity that resulted from the appointment of Tim Carmody as Chief Justice of the Supreme Court of Queensland.[4]

In 2016, Sofronoff was responsible for the successful High Court appeal that overturned the Queensland Court of Appeal's decision to downgrade Gerard Baden-Clay's murder conviction to manslaughter.[4] Although it is normal practice for a sitting solicitor-general to lead High Court appeals, Sofronoff was briefed to appear instead of his successor and solicitor-general at the time, Peter Dunning QC.[4] After the appeal, it was reported by The Guardian Australia that Sofronoff had charged the Queensland government just $327 plus GST to run the appeal, "despite a QC of Sofronoff's standing usually commanding fees of up to $17,000 a day".[4]

President of the Queensland Court of Appeal

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He was appointed President of the Queensland Court of Appeal on 3 April 2017,[2] after President Margaret McMurdo resigned after more than 18 years as a judge of the Court of Appeal.[5] Sofronoff retired from the role on 20 May 2022.[6]

Inquiries and reviews

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On 11 May 2015, Sofronoff was appointed as Commissioner for the Grantham Floods Commission of Inquiry.[7] In his written report, Sofronoff concluded that the flood "was a natural disaster and that no human agency caused it or could ever have prevented it".[8]

Sofronoff was appointed to lead a review of Queensland's parole system in 2016.[9] On 6 June 2022, he was appointed as Commissioner for the Commission of Inquiry into Forensic DNA Testing in Queensland.[10]

On 22 December 2022, during the ramifications of the 2021 Australian Parliament House sexual misconduct allegations, Sofronoff was appointed to lead the Australian Capital Territory government's Board of Inquiry into the Criminal Justice System,[11] which reviewed the circumstances surrounding the aborted prosecution of Bruce Lehrmann. Sofronoff's report was provided to the government on 31 July 2023. Sofronoff provided an advance copy of the report to journalists from the ABC and the Australian on an embargoed basis before it was provided to the government.[12] It was reported that at the time Sofronoff handed the report to a journalist at The Australian, he was scheduled to speak at a Queensland Press Club event hosted by The Australian.[13]

Shane Drumgold SC challenged Sofronoff's report by way of a judicial review before the ACT Supreme Court.[14] Kaye AJ concluded that Sofronoff’s conduct gave rise to a reasonable apprehension of bias, that one finding was legally unreasonable, and that one finding breached the rules of procedural fairness.[15]

Evidence was provided that Sofronoff engaged in 91 telephone calls with journalists, 51 of which were with Ms Janet Albrechtsen, and 22 of which were with Mr Hedley Thomas from the Australian. The 91 telephone calls were for a total of 13 hours and 37 minutes. The telephone calls with Ms Albrechtsen were for 6 hours and 19 minutes, and with Mr Thomas for 5 hours and 8 minutes. By contrast the telephone calls with all other journalists during that period occupied a total of 2 hours and 10 minutes.[16] It was further revealed that Albrechtsen flew to Brisbane for a private lunch with Sofronoff. [17] It was reported that the contact with Albrechtsen was in stark contrast with that afforded other media outlets. [18]

An investigation by the ACT Bar Association subsequently found that none of the Sofronoff finding against Drumgold were made out on the evidence, or amounted to either unsatisfactory professional conduct or professional misconduct.[19] On 5 April 2024, the ACT Integrity Commission published a media release, announcing that it was looking into the conduct of Sofronoff.[20] On 13 May 2024, Integrity Commissioner Michael Adams KC released a statement stating that after a preliminary examination, he suspected on reasonable grounds, that Sofronoff's conduct may constitute corrupt conduct and had launched an investigation.[21] On 16 October 2024, the Chief Minister of the ACT Andrew Barr, publicly stated that it was a mistake to appoint Mr Sofronoff to the Board of Inquiry.[22]

Personal life

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Sofronoff is married. He has three children and one daughter-in-law.[23]

References

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  1. ^ Mason, James (2011). Churchie: The Centenary Register. Anglican Church Grammar School. ISBN 978-0-646-55807-3.
  2. ^ a b c d e f g "The Honourable Justice Walter Sofronoff". Supreme Court Library of Queensland. Retrieved 3 February 2018.
  3. ^ Caldwell, Felicity (31 March 2017). "Walter Sofronoff becomes new president of the Court of Appeal". Brisbane Times. Retrieved 3 February 2018.
  4. ^ a b c d Robertson, Joshua (9 September 2016). "Queensland government billed just $327 by Baden-Clay appeal barrister". The Guardian. Retrieved 3 February 2018.
  5. ^ Kos, Andrew (31 March 2017). "Walter Sofronoff appointed to head Queensland Court of Appeal". ABC News. Retrieved 3 February 2018.
  6. ^ Keim, Tony (19 May 2022). "Court of Appeal President Walter Sofronoff retires". Proctor. Queensland Law Society. Retrieved 4 August 2022.
  7. ^ "About the Commission". Grantham Floods Commission of Inquiry. Queensland Government. Retrieved 4 August 2022.
  8. ^ Sofronoff QC, Walter. "Report" (PDF). Grantham Floods Commission of Inquiry. Queensland Government. Retrieved 4 August 2022.
  9. ^ "About the Review". Queensland Parole System Review. Queensland Government. Retrieved 4 August 2022.
  10. ^ "Home". Commission of Inquiry into DNA Testing Conducted by Queensland Health Forensic and Scientific Services. Queensland Government.
  11. ^ "Home". Board of Inqiury into the Criminal Justice System. ACT Government. 31 July 2023. Retrieved 3 August 2023.
  12. ^ "ACT chief minister says early release of report into Bruce Lehrmann's prosecution may have breached law". ABC News. 7 August 2023. Retrieved 13 August 2023.
  13. ^ Karp, Paul (8 August 2023). "Walter Sofronoff cancels Queensland Media Club event discussing 'presumption of innocence'". The Guardian. ISSN 0261-3077. Retrieved 9 April 2024.
  14. ^ Knaus, Christopher (29 August 2023). "Shane Drumgold is taking legal action over the Sofronoff inquiry. What could happen next?". The Guardian. ISSN 0261-3077. Retrieved 9 April 2024.
  15. ^ "Drumgold v Board of Inquiry & Ors (No. 3)". 3 May 2024.
  16. ^ "Drumgold v Board of Inquiry & Ors (No. 3)". 3 May 2024.
  17. ^ "Could Janet Albrechtsen have swayed Walter Sofronoff?". 17 February 2024.
  18. ^ "Letter from the Editor: The judge, the journalist and the".
  19. ^ https://www.msn.com/en-au/news/other/act-bar-council-dismisses-complaints-made-about-former-top-prosecutor-shane-drumgold-s-conduct-during-bruce-lehrmann-trial/ar-AA1sggOy?ocid=BingNewsSerp
  20. ^ https://www.integrity.act.gov.au/__data/assets/pdf_file/0005/2428754/Media-Alert-5-April-2024.pdf [bare URL PDF]
  21. ^ https://www.integrity.act.gov.au/__data/assets/pdf_file/0007/2450419/Media-Update-13-May-2024.pdf [bare URL PDF]
  22. ^ https://www.msn.com/en-au/news/australia/walter-sofronoff-s-appointment-to-board-of-inquiry-a-mistake-act-chief-minister-andrew-barr-says/ar-AA1sly4Q?ocid=msedgntp&pc=ACTS&cvid=7c613c63e5f5451ab0d0b6e7839fca62&ei=11
  23. ^ "Welcome ceremony for the Honourable Walter Sofronoff as the President of the Court of Appeal" (PDF). Retrieved 3 February 2018.

 

Legal offices
Preceded by President of the Queensland Court of Appeal
2017–present
Incumbent