President's Corner

Major Addresses by The President, David Lewis

Law Service for Commencement of Law Term
The Great Synagogue
Wednesday, 12th February 2025

•    Welcome to Country

Thank you David (Ossip). I too pay my respects to the traditional owners of the land on which we stand, the Gadigal people of the Eora nation, and acknowledge their elders, past, present and emerging.

And Thank you Brett for your tribute to your father Judge Ron Solomon. I know his passing leaves an irreplaceable hole in your family. Today, you are in the company of so many of his colleagues who also miss him and his incredible contribution to the Judiciary.

Welcome To Individuals By Name or Title
On behalf of The Board, ministers and members of The Great Synagogue, Sydney’s majestic and historic Jewish sanctuary, I am delighted to welcome our honoured guests ……

I am advised that this year we have over 500 guests at our Great Synagogue Law Service a massive and unprecedented increase in support not merely of this important marking of the Commencement of the 2025 Law Term, but also support of the Sydney Jewish Community.

We have experienced significant trauma since I last addressed you in this forum. To experience this level of support is truly humbling.

Once again, I will not subject you to a reading of the very considerable list of attendees. However, I do wish to thank a few special guests for joining us today:

The Chief Justice, the Hon Andrew Bell

The President of the Court of Appeal, JulieThe Hon. Justice Ward and other judges of the Court of Appeal

The Attorney General, the Hon Michael Daley MP

Our immediate past President, the Hon Justice Stephen Rothman AM

The Hon Ron Hoenig MP, Minister for Local Government, Leader of the House, and Vice-President of the Executive Council

Emeritus Professor Rosalind Croucher AM, President of the Australian Human Rights Commission

Cr Zann Maxwell, Deputy Lord Mayor of the Council City of Sydney.

Mr David Ossip, President of the NSW Jewish Board of Deputies

Ms Jennifer Ball, President of the Law Society of NSW

The Hon Natalie Ward MP, Deputy Leader of the Opposition

Cr Sarah Swan, Mayor, Woollahra Council.

Cr Sean Carmichael Deputy Mayor, Woollahra Council.

Cr Dylan Parker Mayor, Randwick City Council.

The Hon Justice Ian Harrison, Chief Judge at Common Law, who celebrates 18 years on the Bench today.

Our good friend Sister Giovanni , Director of the Commission for Ecumenical and Interfaith Relations for the Catholic Archdiocese of Sydney

Rev Christopher Waterhouse, Rector of St James' Church, King Street, Sydney, New South Wales.

The Most Rev Kanishka Raffel, Anglican Archbishop of Sydney.

Rabbi Mendel Kastel OAM, Jewish Chaplain for the New South Wales Police Force & Rabbinic Fellow at The Great Synagogue in Sydney.

Revs Georgios Karakonstantakis & Nikolas Krikelis from the Greek Orthodox Archdiocese of Australia.

We are also honoured to have many other members of parliament, federal and state; local government councillors; ministers and representatives of many religious and ethnic groups; my friends and colleagues of the legal profession together with many Rabbis and leaders of the Jewish community.

I would like to make special mention of Will Nemesh Mayor of Waverley Council. Last Thursday Will co-chaired a Mayoral round table with all uniting against anti-Semitism. This roundtable, and its resulting communique, was spearheaded by three Mayors: Will, a member of our Jewish community, Liberal Liverpool mayor Ned Mannoun, who is Muslim, and Labor Inner West mayor Darcy Byrne. The mayor of Woollahra, Sarah Swan, and Dylan Parker, mayor of Randwick, were also instrumental in this initiative.

The final communique vowed mayors would be “champions of social cohesion”, calling on state and federal governments to work with councils to “combat anti-Semitism” while protecting ALL communities.

Mayors and their delegates from multi faith and multi ethnic backgrounds, exhibited true leadership at this meeting. Thank you.

The Resurgence of Antisemitism
Antisemitism is the real issue I wish to address this afternoon.

Over the last 12 months I have made repeated representations to The Premier, the Police, to Media as well as to all levels of Government both in NSW and Federally.

My message has been consistent and multi-facetted:

Protest marches in close proximity to The Great Synagogue pose an enormous risk to my congregation – they must be completely moved away from the Synagogue;

Hate speech undermines social cohesion and is a “call to action” for many – government must take real action; and

We must have enforceable laws to stop antisocial behaviour so that ALL minorities are protected;

The Great Synagogue is a major focus and it receives the vast majority of antisemitic abuse in this State.

On 14 July last year The Great was targeted by protesters after a Sunday protest march with a large banner that proclaimed, “Sanction Israel”. Stickers were then placed on our gates.

On 4 December The Great hosted the Technion University 100 Years reception. Technion describes itself as a locomotive of innovation, technology, discovery and ground-breaking research. We hosted over 200 delegates including world leaders in their respective fields.

Nova Peris was one of the Key-Note speakers all of whom extolled the contribution of the assembled international scientists.

A violent crowd of demonstrators formed outside the back and front of the Synagogue. It became sufficiently dangerous that we took the decision to lock down the Synagogue and restrict departure of guests until it was safe to do so.

Then there is “the caravan event”. On 29 January we were advised that Police had found a caravan in Dural packed with enough explosives to make a blast with a radius of 40m. Inside the caravan was a note with the addresses of both The Great Synagogue and the Sydney Jewish Museum.

A passer-by made a fortuitous report to the police that led to the interception of that caravan. Whilst it transpired that those responsible were already in custody for other antisemitic activity, had that not been the case, I and this amazing building might not be here today.

In addition, my staff in the Synagogue office have endured simply unbelievable abuse over the last 12 months by way of threats by email, telephone and mail. I pay tribute to their incredible resilience and thank them. Ilana, you have been absolutely incredible.

A violent crowd of demonstrators formed outside the back and front of the Synagogue. It became sufficiently dangerous that we took the decision to lock down the Synagogue and restrict departure of guests until it was safe to do so.

Amongst all There is Some Good News

I wish to acknowledge the tremendous support we have received from Premier Chris Minns. He has attended several meetings with both Rabbi and me and has regularly called on us to ask what he can do to help. We wish that others were as committed to our well-being.

From July last year I now receive a significant number of emails and letters from the Australian public expressing their outrage at our treatment. I respond to EVERY such communication and express our gratitude for their kindness and support. Some of these messages make me cry.

I regularly note that their message reflects what we hope IS the view of the vast majority of the Australian population. I ask one thing of them and that is to make their voice and views heard as widely as they can.

Today I ask ALL of you to do likewise.

Last week Chief Justice Bell remarked: 

“I add my strongest condemnation to the distressing and terrifying rise in anti-Semitic activity in our city and country in recent months. It is despicable and totally unacceptable, and its perpetrators and promoters deserve condign punishment,”

“Neither the Jewish community nor the community more generally should be held to ransom by acts of terror, intimidation and hatred. As has recently been well said, this conduct must not be permitted to stain the soul of our city.”

Chief Justice, we thank you for your support.

We also value the support of our many Christian friends who have reached out to us several times to express their support.

Antisemitism & Islamophobia
There have been those who continue to link Antisemitism and Islamophobia and, in a misguided desire to be what they call inclusive, refuse to endorse action to combat abuse.

I stress, BOTH are completely unacceptable and in all our representations we have always sought to make it perfectly clear that our community finds all forms of hate reprehensible.

Antisemitism is the current malaise. It is our synagogues and our people that are under attack.

Rabbi Elton has used a brilliant analogy using the “Black Lives Matter” movement that commenced to highlight racism against black people. A counter movement used the expression “All Lives Matter”.

The latter, we both agree, is offensive and trivialises the killings of Trayvon Martin, Michael Brown, Eric Garner, and Rekia Boyd, amongst others. The issue was and is racism against black people.

It is axiomatic that “All Lives Matter” however it remains critical that people are not diverted from the real issue.

We need to deal with Antisemitism now unlinked to anything else.

Conclusion – Free Speech & Hate Speech
As you are all aware, Australia does not have an explicit constitutional guarantee of freedom of speech like the United States. However, the implied freedom of political communication has been recognised by the High Court.

Current Australian laws relating to hate speech are designed to prevent speech that incites discrimination, hostility, or violence against individuals or groups based on protected characteristics such as race, religion, ethnicity, or sexual orientation.

There is an ongoing debate regarding the balance between free speech and the regulation of hate speech. The NSW Government this week has this very matter under consideration. It is not easy, however we simply must try to find the path that ensures that all of us are protected and that we do not leave anyone behind.

This will be my last speech at our Law Service as President of The Great Synagogue as my five-year term concludes in September when a new President will be elected. I’m not sure what’s next for me, however I am sure that a hiatus is required!

Finally, may I again thank all of you for your support of our community.

I am a devotee of Aesop’s Fables. Your attendance says everything and may I suggest fulfils the moral of “Actions speak Louder than Words”. May we all continue to act with morality.

Thank you.

David P. Lewis
President
The Great Synagogue, Sydney

Law Service for Commencement of 2023 Law Term
The Great Synagogue
Wednesday, 8th February

•    Welcome to Country
Thank you Darren. I too pay my respects to the traditional owners of the land on which we stand, the Gadigal people of the Eora nation, and acknowledge their elders, past, present and emerging.

Welcome To Individuals By Name or Title

On behalf of The Board, ministers and members of our wonderful Great Synagogue, I am delighted to welcome our honoured guests ……
The Chief Justice, the Hon Andrew Bell

The President of the Court of Appeal, The Hon. Justice Julie Ward and other judges of the Court of Appeal

The Hon Justice John Robson of the Land & Environment Court of NSW and other judges and members of that court

The Hon Justice Gerard Phillips inaugural President of the Personal Injury Commission of NSW

The Hon Sophie Given, Judge of the Federal Circuit and Family Court of Australia and former judges of that court

The Hon. Justice Derek Price AO, the Chief Judge of the New South Wales District Court, and other judges of the District Court

Deputy Chief Magistrates Judges Theo Tsavdaridis and Sharon Freund as well as other magistrates

The Attorney General, the Hon Mark Speakman SC MP

Our immediate past President, the Hon Mr Justice Stephen Rothman AM to whom I am greatly indebted for his ongoing support and advice.

The Hon Mr Ronald Sackville, former judge of the Federal Court and the Supreme Court of NSW

The Hon. Justice François Kunc, Judge in the Equity Division of the Supreme Court of NSW.

The Hon Mr Steven Rares, judge of the Federal Court and the Supreme Court of Norfolk Island!

Darren Bark CEO of the NSW JBOD and leaders of the Jewish community.

Archmandrite Christophorus Krikelis and Archdeacon Athenagoras Karakonstantakis of the Greek Orthodox Archdiocese of Australia.

The Hon. Mr Justice Michael Hartmann, Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong.

Members of the NSW Parliament the Hon Michael Daley, Ron Hoenig, Natalie Ward, & former Attorney General Gabrielle Upton; all of whom have been good friends of ours for many years.

The Hon. Ben Franklin MP, Minister for Tourism, Minister for Aboriginal Affairs, Minister for the Arts, and Minister for Regional Youth.

GABRIELLE BASHIR SC, President of the NSW Bar Association.

Ms Cassandra Banks, President of the Law Society of NSW.

Councillors Ms Shauna Jarret & Mr William Chan, Council City of Sydney.

Rev Peter Kurti, Director of the Culture, Prosperity & Civil Society program.

And finally another of our good friends who we are honoured to host every year, Rev Geoffrey Usher, minister of Spirit of Life Unitarian Church

We are also honoured to have many other members of parliament, federal and state; local government councillors; ministers and representatives of many religious and ethnic groups; my friends and colleagues of the legal profession together with many Rabbis and leaders of the Jewish community.

To be a Jewish Lawyer
Under British Law, the opportunity to be a lawyer for Jews has not always been straightforward.

Prior to the mid 1850s, Jews were not allowed to have degrees from Oxford or Cambridge, almost totally ensuring that a law qualification from these universities, and the standard route to the Bar, was unavailable. Judges of course were appointed almost exclusively from members of the Bar.

The so called “Oxbridge barrier” was removed by the Oxford University Act 1854 followed by the Cambridge University Act in 1856. Prior to those Acts, both Universities adopted a religious "test" that was specifically designed to preclude non-Christians from having certain degrees conferred on them.
The University College London was an alternate route to a legal degree prior to these Oxbridge University Acts.

However, then there was the further complication of The Oath.

In order to be a Barrister, a Judge or a Member of the House of Commons, there was a requirement on taking up any of these positions that the person swear an Oath which included the words:

"upon the true belief of a Christian”.

Unsurprisingly, many Jews found that in all conscience they could not take such an Oath and they were thereby effectively barred from such appointments.

The Jewish Relief Act 1858 removed the words "upon the true belief of a Christian” from the Oath to be taken by persons elected to the House of Commons. That Act did NOT however extend to judicial appointments until subsequent legislation in 1868.

The Jewish Relief Act 1858 was the result of over 20 years of significant debate in the Commons commencing in 1833. Hansard has recorded the highly antisemitic nature of argument – I will not repeat those debates in this paper.

There were very early exceptions – some Jews received special treatment that permitted them to take office. David Salomons was one of these.

Salomons was made Sheriff of London and the Sheriff’s Declaration Act of 1835 was enacted to allow him to take office without taking the Oath. Further, he was made an Alderman in 1847 and again special legislation in the form of the Jewish Municipal Relief Act of 1847 allowed him to take office omitting the words "upon the true belief of a Christian” from his Oath.

Baron Lionel de Rothschild was the first Jew to take his seat in the House of Commons on 26 July 1858 as he was then permitted to take his Oath without the constraining words. He was first elected in 1849 and again in 1857 but was denied his seat prior to the 1858 legislation.

Judicial appointments of Jews in Britain remained another matter. There was a specific exemption in the Jewish Relief Act 1858 relating to oaths to be taken upon appointment to the judiciary. It was not until the passing of the Promissory Oaths Act in 1868, which repealed that exemption, and permitted Jews to be appointed to the Judiciary and other senior positions.

“It is interesting to note that although Jews were, by this change, placed on a level footing with Christians, there was still one restriction which remained. That was that they could not exercise ecclesiastical patronage attached to any public office they might hold.”

What Happened in Australia
During my research on this matter, I was delighted to find that there appears to be a complete absence of any similar requirement in Australia and there certainly was no similar Oath.

I suggest that our convict/emancipist background, resulted in a more pragmatic approach that was more fluid and open in relation to the acceptance of Jews in colonial Australia. This was reflected in several high profile and early appointments. Access to the best local resources was most likely the criteria applied.

On the 3rd of July 1849 - Lionel Samson was Elected to Western Australia’s Legislative Chamber, becoming the First Jew to be elected to an Australian Parliament.
In Australian Genesis by the late Dr George Bergman and Rabbi Dr John Levi, they suggest that Samson’s appointment to the Legislative Council in WA did not set a legal precedent since a Jew was appointed as a Sheriff of London in 1835 and there were Jewish alderman in the same period.

Prior to that, in 1846 – Saul Samuel, later Sir Saul (the second President of The Great Synagogue 1878-1880), became the first Jew in the Colony to be appointed a Magistrate thereby effectively the first Jewish Judicial appointment in Australia. Further, on the 1st of Oct 1854 Saul became the first Jew to be elected to NSW’s Legislative Council. He was the first Jew to be a Minister of the Crown, 6 October 1859, and served as Colonial Treasurer. He subsequently had a distinguished career in politics and business.

Sir Saul laid the foundation stone for The Great Synagogue in 1875 and given his very significant role in the Sydney Jewish community, we can be certain that he did not swear an oath in the pre 1858 UK form.

Jewish lawyers were largely unrestricted in Australia.

However, there are examples of early antisemitism. On 13 Nov 1886 Julian Salamons (later Salomons) was appointed Chief Justice Of New South Wales.
Sadly, he declined to be sworn in “because of the hostility of the then current members of the bench”. There were other explanations given at the time.

DPL

I have some personal reflections on this matter of Oaths.

In December 1981, just over 40 years ago, when I attended the Supreme Court with my Chumach, that is the Torah printed in book form, in my hand ready to take my Oath as a Solicitor of the Supreme Court of NSW, the following exchange of words took place between me and the Clerk:
Clerk: “Will you swear or affirm?”
David: “I’ll swear thanks”
Clerk: “Here you are then he said” (handing me the New Testament)
David: No thanks I have my Chumach – my own
Clerk: “Oh, so you are going to Affirm then?”
David: “No, I am going to swear on the Jewish Torah in my hand!”

He was terribly confused and thankfully just gave up on me.

I know many of my friends from other faiths had similar issues albeit many years ago.

Conclusion
The Jewish community has made significant contributions to the Law in Australia. In turn, Australia and the legal profession, has been very good to us.

The Constitution in Section 116 states:

“The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth”.

It is a basic tenet of Jewish Law that we must observe the laws of the land in which we live and there can be no doubt that Australia, and our profession, has made that a very easy thing for us to do.

I Thank you all.

AGM REPORTS

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