THERESA WARWICK

SILK CHAMBERS

QUALIFICATIONS BA/LLB (MACQUARIE), BSC (ANU), ACCREDITED MEDIATOR (ANMAS)

DATE OF ADMISSION 1990 CALL TO THE BAR 2000

PREVIOUSLY AUSTRALIAN TAXATION OFFICE

CONTACT EMAIL theresawarwick@ozemail.com.au PHONE 0408 893 616

CURRICULUM VITAE

What particular areas of interest/expertise do you hold?

I have practiced as a specialist criminal barrister for over 20 years. I am briefed to advise and to appear for the defence in the broadest range of criminal matters, from driving offences to murder. I estimate I have appeared in 100+ trials, and 1,000+ sentences, and numerous applications (in relation to rulings on evidence, bail, fitness to plead, etc). I regularly appear in criminal matters before the ACT Magistrates Court and Supreme Court, and the NSW Local Court and District Court. I have also practised as a specialist family law barrister, being briefed to advise and to appear in property and parenting matters, before the Federal Circuit Court and the Family Court. And in civil law matters, for instance, protection order matters, childcare and protection matters, proceeds of crime matters. I am a Senior Member of the ACT Administrative and Civil Tribunal (appointed on a sessional basis from February 2020 and continuing). I was previously appointed as an Ordinary Member (July 2017 to February 2020). I have heard and determined a broad range of civil and administrative disputes. I was appointed as a Special Magistrate of the ACT Magistrates Court (on a sessional basis from August 2019 to June 2020). I am an accredited mediator. I have mediated a broad range of civil and administrative disputes.

What inspired you to join the bar?

When I was in High School, I wanted to be a criminal defence barrister (like Rumpole, but without the bulbous red nose). Many years later, I said to my husband ‘I always wanted to be a barrister someday’. He asked ‘what is stopping you?’. Twelve months later, having passed the bar exams and participated in the NSW bar course, I commenced my practice at the Bar – and at that time, my learning curve increased exponentially.

What are your favourite tips for appearing in court?

Preparation is essential. For me, the most important element of preparation is spending time with the client, to understand the client’s case, so that I can present the client’s case to the court, and advocate for the client.

What’s the most interesting/funny/quirky/ strangest episode you have come across while in the court room/at the bar table?

In about 2003, my husband was called for jury duty in the ACT Supreme Court. I was appearing for a defendant in a jury trial. Before the jury was empanelled, I advised the Court that my husband was amongst the jury panel. I did not ask the Court to excuse my husband, as I wished to preserve my client’s jury challenges. The prosecutor asked the Court to excuse my husband. His Honour said that he would excuse my husband, but observed that my husband’s sympathy, as a juror, ‘was likely to be with the prosecution’. In about 2006, I was reading the transcript of a search warrant onto the record before the ACT Magistrates Court. The search warrant related to the house of a woman who had come to Australia from another country, where people who were arrested by police often never returned. The police constable said ‘madam, I am here to execute a search warrant’. She fainted. She had misunderstood that the police had attended to execute her son, a drug-trafficker. When she regained consciousness, she assaulted police, which explains how she found herself before the Court. In about 2008, I appeared in an appeal before the ACT Supreme Court. The client had been convicted of receiving stolen property. The client had given oral evidence at his trial. He said that certain criminal associates had attended his home to sell stolen property to him. When he refused, they threatened him with a firearm, and he gave them cash. Then, against his wishes, they left the stolen property at his home. When the prosecutor asked what happened to the firearm, the client said ‘I bought it from them’. The trial judge described the client’s home as an ‘Alladin’s Cave’ of stolen property. Not surprisingly, the appeal was not successful.

Is there anything you have not been asked that you would like to share with readers about yourself or your experience at the bar?

My life at the Bar has been hard work and rewarding. I enjoy the intellectual challenge, and the intensity of appearing in the court room. And I enjoy working with my instructing solicitors, and helping our clients to understand and participate in the process. At times, my practice has required intense concentration and long working hours. In those times, I have little time for exercise and my family life. However, I restore my work-life balance as soon as possible.

What is your favourite album/band/book/ movie/podcast/show and why?

I love science fiction fantasy, which provides an escape from the reality of my practice before the courts. In particular, I love superhero movies!

What do you enjoy doing outside of work?

I enjoy walking with my husband and our dogs every evening. I also enjoy walking with my friends and the dogs on the weekends. I prefer to walk slowly, and to enjoy the conversation and being outdoors, while the dogs enjoy their sniffing. I love weekend and holiday touring with my husband on our motorcycles. A few years ago, we toured small country towns in mid-west NSW seeking bushranger graves. Remarkably, by asking locals at the general store or café or hotel, we were able to obtain directions to many unmarked bushranger graves. We have also enjoyed several tours seeking out big ugly tourist attractions across NSW and other states.

Tell us something about yourself we may not expect

I often commute to and from chambers by motorcycle. I keep fit with boxing classes and sparring. You cannot think about work when someone is trying to punch you! I am a referee and judge at local amateur boxing tournaments.

What is your favourite cuisine/cookbook/ restaurant/signature dish and why?

I love to cook biscuits, using my Mum’s handwritten recipe cards. The smell of biscuits cooking is a wonderful reminder of my happy childhood. My biscuits taste good, are easily transported, and my friends and family cannot say ‘no’.