Not always welcome

"Lawyer like sobriety... is not always welcomed by those whom it constrains," he said, in part quoting French political scientist Alexis de Tocquevill.

"When it calls into question executive or legislative action, it may be regarded as obstructive or against the public interest."

However, that ability to question executive power was a "bulwark of the rule of law", he said.

"Indispensable"

The chief justice noted a "strong and independent bar" was "indispensable to the rule of law and to the continuation of a democratic society".

The government's chief legal adviser for one more week, Justin Gleeson. Andrew Meares

"The availability of high quality legal advice about the scope and limits of [legitimate public and private] power is as important to the rule of law as the fearless representation of those adversely affected by its exercise".


Separately, Victorian Court of Appeal chief justice Marilyn Warren raised the possibility of a nationwide Australian Court of Appeal, which would "enable the development of national precedents and a national jurisprudence".

Of 2000 judgments at the appellate court level across the states, around a quarter result in special leave appeals to the High Court. Only 60 make it through.

"When the raw numbers are looked at this way it throws up a phenomenon of a gap between the intermediate appellate courts and the High Court," she said.

Senator Brandis has defended his actions, insisting he consulted with the Solicitor-General and the direction was to help co-ordinate the advice process. Alex Ellinghausen

Also speaking at the event, Senator Brandis noted that it was the first time that the "chief justices of all the Australian jurisdictions have gathered together".

Senator Brandis has previously defended his actions, insisting he consulted with the Solicitor-General and that the direction was to help co-ordinate the advice process.

Solicitor-General Gleeson's resignation is effective from November 7.

Like Solicitors-General before him, the outgoing Solicitor-General Justin Gleeson hails from the bar, where the primary objective is the maintenance and promotion of the "rule of law".

Lawyers have lauded him as "a great legal mind and one of the most experienced constitutional lawyers in this country" and emphasised the need to ensure legal advice to the government is "frank, fearless and independent".