HMAS Sydney II Commission of Inquiry: Biographies
The Honourable Terence Rhoderic Hudson Cole AO, RFD, QC
President of the Commission of Inquiry
A CDF Commission of Inquiry is presided over by a civilian with judicial experience. Additional members (who may be civilians or ADF personnel) may be appointed to a particular Commission of Inquiry, as determined by the Chief of the Defence Force.
A panel of civilians with judicial experience has been established to preside over CDF Commissions of Inquiry. The panel currently consists of seven individuals and is expected to increase in size this year.
CDF Commission of Inquiry members may be selected on the basis of their expertise and experience relative to the nature of the incident under inquiry.
Biography
Appointed to the Common Law Division of the Supreme Court of New South Wales in May 1998. In September 1988, transferred to the Commercial Division. At that time, the administration of the construction and engineering list within the Common Law Division commenced to be administered by Justice Cole as a Judge of the Commercial Division. Justice Cole fostered and implemented wide ranging procedural changes to the conduct of litigation aimed at reducing the length and cost of hearings.
Appointed to the Court of Appeal in New South Wales in August 1994, where Justice Cole encouraged and implemented changes to the hearing practices of that Court which resulted in acceleration of hearings and reduction in delays in hearings.
Whilst a Judge and Judge of Appeal, Justice Cole chaired a committee established by the New South Wales Department of Courts Administration to consider and implement the information technology requirements for all courts within New South Wales.
Justice Cole served as a member of the Executive and Judicial Liaison Committee, and between 1993 and 1998 was a member of the Chief Justices' Policy and Planning Committee.
Justice Cole, in his post judicial career was appointed as a Referee by the Supreme Court of New South Wales to determine complex litigation and acted as an Arbitrator, Referee and Mediator in major commercial and construction disputes.
In July 2001, Justice Cole was appointed as Royal Commissioner by the Commonwealth Government to enquire into and report on certain aspects of the Building and Construction industry throughout Australia. The Commission examined the whole industry throughout Australia, excluding the domestic housing sector. The annual value of the industry reported upon was approximately $43 Billion. Budget for the Royal Commission was $60 million.
Report Addressing these matters affecting approximately 7% of Australia's GDP and 6.5% of the Australian workforce delivered to the Governor General on 24 February 2003. Recommendations accepted and enacted into law by tech Federal Parliament. An independent report in July assessed the advantage of the Australian economy flowing from the reform recommendations at $3.1 billion per annum.
In November 2005, appointed by tech Commonwealth Government as Commissioner with the powers of a Royal Commissioner to inquire into certain Australian Companies in relation to the United Nations Oil-fo-Food Programme in Iraq, included whether payments by AWB Limited of some $300 million breached Commonwealth, State or Territory Laws.
John (Jack) Rush QC
Role of Counsel Assisting
Counsel Assisting is an experienced ADF legal officer, selected by the Appointing Authority to assist a CDF Commission of Inquiry or a Board of Inquiry. Counsel Assisting obtains and presents evidence to the CDF Commission of Inquiry or Board of Inquiry relevant to the terms of reference.
Counsel Assisting may interview prospective witnesses. During the hearing, Counsel Assisting will make an opening submission, call and examine witnesses, tender documents and other exhibits and make closing submissions.
Biography
Commander Jack Rush RFD QC was admitted to the Victorian Bar in 1978. He was appointed Queen's Counsel in 1992. Commander Rush in his civilian practice has appeared in all jurisdictions throughout Australia. He specialises in trial and appellate advocacy.
Significant cases in which he has appeared include acting for the Wittenoom miners afflicted with asbestos disease, Australian women suffering injury as a consequence of breast implants both in Australia and the USA, persons contracting HIV due to infected blood supply, Rolah McCabe in the landmark case against British American Tobacco, Lorna Cubillo and Peter Gunner in the Stolen Generation Case, Counsel for unions and victims groups in the James Hardie Commission of Inquiry (NSW).
In his military legal work Commander Rush has appeared in numerous Courts Martial, inquiries and investigations. Most recently he appeared on behalf of families and next-of-kin at the Board of Inquiry in 2006 investigating the crash of RAN Sea King helicopter on the Island of Nias in Indonesia; he was Counsel Assisting the Board of Inquiry in 2007 investigating the crash of Army Black Hawk helicopter on HMAS KANIMBLA.
Commander Rush has held significant positions in the course of his legal career including Chairman of the Victorian Bar Council and Executive Members of the Law Council of Australia.