The ceremonial sitting held in Court No 1 in Canberra was attended by an impressive number of dignitaries (given COVID restrictions) including three former members of the High Court, nine members of the Federal Court including Chief Justice Allsop, four other Chief Justices, members of the Family Court, Fair Work Commission and the Magistrates Court of Victoria, representatives of both Houses of federal Parliament and leaders of the Bar.

In welcoming his Honour it was noted that as a 12-year-old visiting Melbourne with his father, the young Simon Steward saw the court buildings and declared “this is where I want to be”.  With those words, he set out to make it happen.  Finishing school a year earlier than his age group, he entered Melbourne University Law School and graduated LLB with first-class honours.  In 1992, he was admitted as a barrister and solicitor of the Supreme Court of Victoria, taking articles at Mallesons Stephen Jaques (as it was then known).  It was there that he earned the nickname “Your Honour”.

Justice Steward was called to the Bar in 1999 and quickly established a highly successful tax practice.  Ten years later he took silk and was leading counsel of choice for the Federal Commissioner of Taxation and private clients.  In 2018 he was sworn in as a Justice of the Federal Court, which was met by one of his principle clients, the Australian Taxation Office, with a mixture of joy and sadness. 

Turning to his Honour’s other worthy attributes, it was observed by the Attorney-General that:

Your Honour is … gifted with a clarity of thought and expression that enables you to express complex concepts in a clear and concise manner, and that communication has been said to also manifest in a sharp wit and humour, so sharp indeed that you have been witnessed on more than one occasion providing genuine mirth to others on the subject of taxation law.  That is quite an achievement. … [Y]our Honour [also] has a particular gift for impersonations … .

David Bloom QC, speaking on behalf of the Australian Bar Association made a similar comment:

Your Honour found taxation work fascinating.  I have it on good authority that your Honour is so talented a public speaker that other people have also been led to think that the area is interesting.

Law Council Treasurer Ross Drinnan also paid tribute to his Honour’s intellect, saying:

[A] quality admired in your Honour … is impeccable judgment and clarity of approach.  You have a respected ability to distil complex facts and law to a few critical issues.  You are also someone who approaches problems with an open mind and a great capacity for listening to others … .  Your Honour’s intellectual curiosity, steadfast dedication to work and professional civility will be of great service to the important work of this Court.

President of the Victorian Bar Association Christopher Blanden QC spoke of his Honour’s distinguished career and generous spirit, noting that:

At the Bar, your Honour was a regular visitor to the chambers of others with whom you shared, checking up and encouraging a collegiate atmosphere.  Your Honour continued this habit in the Federal Court and paid numerous pastoral visits to the chambers of fellow judges to maintain the spirit and collegiality of chambers.

His Honour’s sense of dress and style was also commented upon, Mr Blanden QC noting that “[y]our Honour takes pride in the fact that you do not own a pair of jeans”.  Otherwise, he is said to have the right clothes for every occasion (except perhaps for one time, appearing as counsel before the High Court, when he regretted not having worn his “fire retardant robes”).

In reply, Steward J thanked everyone for their attendance and kind words, adding “[i]f any of what you have said is true – and that is far from clear – then it has been only the result of providence or the work of others or perhaps both”.  Speaking of his predecessor on the High Court, his Honour said:

I succeed, but do not replace, Justice Nettle. … His Honour is one of the finest jurists this country has ever produced [having] served Australia with great distinction as a judge for almost 20 years.  He has set for me an ineffable example of how a lawyer can contribute to our country [and] I thank him and wish him every happiness for the years which now follow.

Steward J sat on his first High Court appeal on 3 December last year and also sat on the full bench of seven Justices that heard Minister for Home Affairs v Benbrika on 10 December.  Judgment in that matter, handed down on 10 February 2021, was notably Steward J’s first published decision as a member of the Court and Bell J’s last.