About the Supreme Court of Western Australia

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Sir Francis Theodore Page Burt AC KCMG QC

1990 – 1993 was  the Governor of Western Australia

Sir Francis Theodore Page Burt AC KCMG QC

Sir Francis Theodore Page Burt AC KCMG QC 

Sir Francis Burt held the offices of Judge of the Supreme Court of Western Australia between 1969 and 1977; Chief Justice of Western Australia between 1977 and 1988 a

Francis Burt was born in Perth in 1918 and educated at Guildford Grammar School. He later studied law at the University of Western Australia. Sir Francis Burt is a patrilineal descendant of Western Australia’s first Chief Justice, Sir Archibald Burt (1861 – 1879).

Following service in the Second World War, Sir Francis, as a prominent Perth lawyer, founded the Bar in Western Australia in 1961 and, with others, he established the Bar Chambers in 1962. With his permission, these chambers have been named the Francis Burt Chambers in recognition of a great Western Australian and outstanding jurist.

He was married to Margaret Lloyd and they had two sons and two daughters.

Sir Francis held the offices of Judge of the Supreme Court of Western Australia between 1969 and 1977; Chief Justice of Western Australia between 1977 and 1988 and Lieutenant Governor of Western Australia between 1977 and 1990.

On 19 March 1990 he was appointed Governor of Western Australia, retiring on 31 October 1993.

 

Statement made by Detective Frost who is the star of the Touch of Frost TV Show

"if a defendant who has been charged for a serious crime can afford a very high priced Barrister .... it is very likely that the Judge at his trial is from the same Freemason Lodge as the Barrister the defendant has hired ..."

 Response to this comment taken from the INL News 50 Year Special Investigation Report into the Running of the Supreme Court of Western Australia:

"... The above statement made by Detective Frost rings very true and matches the information our INL News 50 Year Special Investigation Report into the Running of the Supreme Court of Western Australia .....!

The Supreme Court is the State's highest court and is divided into two divisions -

the General Division and the Court of Appeal

Websitehttps://www.supremecourt.wa.gov.au

To Contact the Supreme Court of Western Australia

The Supreme Court of Western Australia
Central Office
Supreme Court of Western Australia
Level 11, David Malcolm Justice Centre
28 Barrack Street
PERTH WA 6000
Tel: (08) 9421 5333 (8am to 5pm)
Email: This email address is being protected from spambots. You need JavaScript enabled to view it..au

The switchboard number is: (08) 9421 5333 (8am to 5pm)

The Supreme Court buildings are open from 8am to 5pm on weekdays but are closed at weekends and on public holidays.

The Supreme Court General Division Registry is on Level 11 of the David Malcolm Justice Centre and is open from 9am to 4pm Monday to Friday.

The Court of Appeal Registry is in the Stirling Gardens building and is open from 9am to 4pm Monday to Friday.

Urgent after-hours applications to the Supreme Court of Western Australia

For urgent applications to a judge outside business hours please call (08) 9421 5333 and your call will be transferred.

Postal Address of the Supreme Court of Western Australia

Supreme Court of Western Australia
Level 11, David Malcolm Justice Centre
28 Barrack Street
PERTH WA 6000

 

Supreme Court of Western Australia -The General Division

Civil and criminal actions are determined in the general division.

The General Division deals with only the most serious offences such as homicide and related offences, and serious breaches of Commonwealth drug enforcement laws. Judges generally preside over jury trials, where a jury of 12 members of the community decide if an individual is guilty or not guilty of a criminal charge. The General Division also hears appeals from decisions of magistrates sitting in criminal matters in the Magistrates Court.

The Division also deals with civil matters of a complex nature or where the amount involved in a dispute is more than $750,000, as well as applications for injunctions and other forms of relief. In Western Australia, most civil trials are heard without a jury.

Civil actions are heard by a single judge. Prior to hearing they are usually managed by a registrar who gives directions to the parties to try and ensure that each case settles by agreement between the parties or proceeds to trial in the quickest, most cost effective way, consistently with the need to provide a just outcome. In certain circumstances, civil actions are managed by a judge.

The Supreme Court deals with all matters involving wills and the administration of deceased estates. This includes appointing a person to deal with a deceased person's property following death.

 

The Court of Appeal of the Supreme Court of Western Australia

The Court of Appeal Division of the Supreme Court was established on 1 February 2005 following the proclamation of the Acts Amendment (Court of Appeal) Act 2004 (WA)

The Court of Appeal hears appeals from decisions of a single Judge of the Supreme Court and from Judges of the District Court as well as various other courts and tribunals.

The Court of Appeal also hears criminal appeals against sentences, such as the length of imprisonment, and appeals against conviction.

In some cases it is necessary to obtain leave (permission) to appeal before the appeal can proceed.

The matters that the Court of Appeal can determine are set out in section 58 of the Supreme Court Act 1935 (WA). Usually matters in the Court of Appeal will be determined by a panel of three judges, although some matters will be heard by two judges or by a single judge.

In addition, four judges of Appeal are members of the Industrial Appeal Court, which determines appeals from the Western Australian Industrial Relations Commission.

Court System in Western Australia

Courts and Tribunals operate in a hierarchal system. This means that a court or tribunal is bound by any decisions of a higher court or tribunal.

In Western Australia, the hierarchy moves upwards from the Magistrates Court to the District Court and then to the Supreme Court. To go above the Supreme Court, a case must go to the High Court of Australia, the ultimate court from which there is no appeal. Appeals from this court may only proceed to the High Court if the High Court grants special leave to appeal. Decisions of the High Court of Australia are binding on all Australian courts.

Parliament enacts laws, known as Acts, statutes or legislation. The courts' role is to interpret and apply the laws that Parliament has enacted. If there is no statute which covers a particular issue, then the law is derived from decisions made by courts. This body of decisions is called the "common law".

Decisions of courts such as the High Court of Australia, the Federal Court, the Supreme Courts of other states and territories and our own Supreme Court all form part of the common law. In deciding what the law is or what it should be where there is no legislation and no higher decision, state courts will also have regard to decisions of courts in common law countries overseas, particularly England and Wales, Canada, the United States and New Zealand.

High Court of Australia

The High Court of Australia is the highest court in the Australian judicial system. The functions of the High Court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws and to hear appeals, by special leave, from Federal, State and Territory courts.

Family Court of Australia

The Family Court of Australia assists people to resolve complex family disputes usually relating to financial or parenting cases. The Court has registries in all Australia states and territories except for Western Australia.

District Court of Australia

The District Court of Western Australia is an intermediate trial court placing it between the Magistrates Court and the Supreme Court in the Western Australian courts hierarchy. The District Court deals with serious criminal offences including serious assaults, sexual assaults, serious fraud and commercial theft, burglary and drug offences. The District Court also determines civil claims up to $750,000 and has unlimited jurisdiction in claims for damages for personal injury. The District Court hears appeals from magistrates in civil actions.

Magistrates Court

The Magistrates Court deals with both civil and criminal matters. All criminal proceedings against adults begin in this jurisdiction. Magistrates deal with the majority of criminal matters summarily (which means that minor offences can be tried without a jury). The Magistrates Court deals with civil matters involving claims up to $75,000.  The Court also has a minor cases procedure which is less formal than the general procedure. The minor cases jurisdictional limit is $10,000.

Within the Magistrates Court there are specialist courts such as Drug Courts and specialist lists such as the Family Violence Lists.

The Drug Court is available only to offenders involved in drug-related crime. It aims to direct eligible offenders with drug misuse problems into treatment and supervision programs to break the cycle of substance misuse and criminal behaviour.

Family Violence Lists involve family violence matters being placed in one court list before a Magistrate. There is a focus on the safety of victims and addressing the causal factors of an offender's violent behaviour. Family Violence Lists aim to break the cycle of family violence by providing the option of programs to address the offender's violent behaviour before sentencing.

Family Court of Western Australia

The Family Court of Western Australia is vested with State and Federal jurisdiction in matters of family law and deals with divorce, property of a marriage or de facto relationship, matters relating to children, maintenance and adoptions.

Appeals in the Federal jurisdiction of the Family Court of Western Australia are to the Family Court of Australia, and appeals in the non-Federal jurisdiction are to the Court of Appeal (Supreme Court) or to a single judge of the Supreme Court where the Chief Justice considers it appropriate.

State Administrative Tribunal

The State Administrative Tribunal is established under the State Administrative Act 2004. It is not a court but an independent body consisting of judicial members, legal members and ordinary members that makes and reviews a wide range of administrative decisions. Some of areas of jurisdiction include human rights, vocational regulation, town planning, resource development and commercial and civil disputes. The Tribunal receive its power to hear matters from more than 150 pieces of enabling legislation.

Children's Court

The Children's Court of Western Australia has jurisdiction in respect of offences allegedly committed by children (aged 10 to 17 years) and care & protection matters.

Coroner's Court

The Coroner's Court has jurisdiction to enquire when a person dies apparently from non-natural causes or where the cause of death is not known. The Coroner must establish the manner in which the death arose, the cause of death, the particulars needed to register the death and the identity of the deceased.

Warden's Court

The Warden's Court is constituted under the Mining Act 1978 (WA) and its jurisdiction extends throughout Western Australia.

Chief Justice Peter Damien Quinlan
The Associate to the Chief Justice of the Supreme Court of Western Australia

Executive Assistant, Chief Justice's Chambers - Telephone: (08) 9421 5337
Email: Chief.Justice.Chambers@justice.wa.gov.au

Associate - Telephone: (08) 9421 5479
Email: Associate.Chief.This email address is being protected from spambots. You need JavaScript enabled to view it.

From INL News 50 Year Special Investigation Report into the Running of the Supreme Court of Western Australia
 
Chief Justice Peter Damien Quinlan is from a Crown Law Legal Background. rather than from an independent private practice background. 
Peter Quinlan new Chief Justice of Supreme Court of Western Australia
 
Peter Quinlan new Chief Justice of Supreme Court of Western Australia
 
It is clear looking at his legal background, Chief Justice Peter Damien Quinlan was obviously groomed by the powerful Red Lodge Freemason, K H Parker AO QC, the previous Solicitor General for Western Australia for many years, who was on the barrister's complaints board to protect barristers  who the pubic complained  about. There are reports circulating legal circles in Perth, Western Australia of brown envelopes being passed by barristers to the powerful Red Lodge Freemason, K H Parker AO QC, to ensure that any complaint made against the barrister to the Barrister's Complaint's Board, is buried and and ruled upon in the barrister's favour.
 
The powerful Red Lodge Freemason, K H Parker AO QC,  also later became a Justice in the Supreme Court of Western Australia, after while Solicitor General used his influence on the committee that appoints Justices to the Supreme Court of WA, to help other Crown Law Solicitors and barristers to be appointed Justices in the Supreme Court of Western Australia. Such ex-crown law Supreme Court of Western Australia Justices that the powerful Red Lodge Freemason, K H Parker AO QC,  help be appointed included: Justice Michael John Murray, Justice Graeme Frederick Scott, Justice Christine Ann Wheeler. It is noted that Justice Christine Ann Wheeler, was the personal assistant for many years for the powerful Red Lodge Freemason, K H Parker AO QC, while he held his 20 year appointment as Solicitor General for Western Australia.
 
Thus  Chief Justice Peter Damien Quinlan's allegiance and bias would be obviously be to protect the WA Crown Law, the Director of Public Prosecutions, the WA Government, any person or department running under the Ministry of Justice, such as a magistrate or District Court Judge, the WA Public Trustee, The WA Police Etc. No one could seriously question that allegation.
 
It is also noted Chief Justice Peter Damien Quinlan's old boss, the powerful Red Lodge Freemason K H Parker AO QC, has completely unchallenged allegations in the series of published books called "The Triumph of Truth (Who Is Watching The Watchers?) of being involved in wrongful, corrupt and wrongful behavior while working in his various roles for the Government of Western Australia.
Thus the obvious undeniable, and undisputable fact based on Chief Justice Peter Damien Quinlan's Legal Professional Background as set out in the below official Supreme Court of Australia legal professional history of Chief Justice Peter Damien Quinlan, His Honour must have been groomed by the powerful Red Lodge Freemason, K H Parker AO QC, and other powerful Western Australian Red Lodge Freemasons, to eventually become the Chief Justice of the Supreme Court of Western Australia.
It also noted that only around 20 years after graduating with a law degree, without a QC AO and/or AC Legal Status, Chief Justice Peter Damien Quinlan seems to have been appointed the Chief Justice of the Supreme Court of Western Australia, so he canto do their bidding as the Chief Justice of the Supreme of Western Australia.
 
The position of the Chief Justice of the Supreme of Western Australia, for so many different obvious reasons, is one of the most important legal positions in the Western Australian Legal System.
 
The  Chief Justice of the Supreme of Western Australia also sits on most Full Court Appeals as the presiding Justice, and in that role plays an extremely important role in showing to the Western Australian Public that the law is not only fair, but also seen to be fair, and that unjust and wrongful decisions by single magistrates and judges in the lower courts and also in the Supreme Court of Western Australia, are properly and fairly looked into and overturned, if in the interests of justice and fairness this demands that this is done, no matter if such overturned judgment is a supreme embarrassment to the lower magistrate or judge, or a powerful government department or powerful business person or corporate body or Freemason etc.
 
With all due respect, the appointment of a  Chief Justice of the Supreme of Western Australia who has been groomed by the powerful Red Lodge Freemason K H Parker AO QC, that has completely unchallenged allegations in the series of published books called "The Triumph of Truth (Who Is Watching The Watchers?) of being involved in wrongful, corrupt and wrongful behavior while working in his various roles for the Government of Western Australia, and has a mainly WA Government Legal Background, and is not at least a QC, is not a good look for the Supreme Court of Western Australia .. (Taken from an INL News Group Investigation Report of the running of the Supreme Court of Western Australia).
 
WA’s new Chief Justice Peter Quinlan is sworn in by Governor Kim Beazley
Western Australia’s new Chief Justice Peter Quinlan
is sworn in by Governor Kim Beazley
 
WA  Supreme Court Chief Justice Peter Quinlan on ‘the case I will never forget’
 
https://www.perthnow.com.au/politics/law-and-order/wa-chief-justice-peter-quinlan-on-the-case-i-will-never-forget-ng-b88915089z
KATE CAMPBELLPerthNow
THE death in custody of young Aboriginal woman Ms Dhu
 The wrongful death in  WA Police custody of young Aboriginal woman Ms Dhu

THE death in custody of young Aboriginal woman Ms Dhu is a case that will stay with WA’s new Chief Justice as a lesson of the need for people to listen to the stories and experiences of our most vulnerable and disadvantaged.

Peter Quinlan, the 48-year-old father of five who was officially sworn in last week as WA’s 14th Chief Justice, represented Ms Dhu’s mother and grandmother at a coronial inquest into her death.

The Coroner found Ms Dhu, who was being held in police custody over unpaid fines, suffered inhumane and appalling treatment.

Nearly everybody involved in the case unanimously agreed the system needed to do better and this couldn’t be allowed to happen again, he said.

“It was a real lesson for me in the way in which different parts of the community perceive and interact with the criminal justice system,” he said. “It showed me that ... it’s really important for people like me who have different life experiences to really listen carefully to what other people’s life experiences are.

“In many respects that inquest was an emotional confirmation of a lot of things that intellectually I already knew.”

Justice Quinlan, who like his predecessor Wayne Martin was appointed without having any experience on the bench, said his most immediate challenge would be “learning how to be a judge”.

He said he gave a lot of thought to taking on such a high-pressure, public role.

“I don’t think you’d be right for doing this job if you didn’t have some hesitancy or trepidation about doing it,” he said.

“I think it’s the kind of job that if you want to do properly and take seriously enough you have to be conscious of the fact that it’s difficult and you have to ask yourself whether you’re up to it or not.”

Justice Quinlan said a perception that the judiciary was soft on crime was not backed up by statistics that showed sentences handed out in WA were “uniformly fairly high”. He said people’s perceptions boiled down to the extent of information they had access to.

“I can well understand that sometimes people will read a very brief description of a case and an outcome and wonder how it could have occurred. Sometimes when I’m in that position I have exactly the same reaction,” he said.

On the State’s meth epidemic, he said it was a “huge health crisis” as well as a criminal justice problem.

“I think it’s a matter of the community understanding there’s a limit to what the courts can do. The courts are the final consumers of the problem in some respect, the solutions go back way in the process and a lot earlier,” he said.

As a lawyer of 25 years and the Solicitor-General for the past two years, he has been involved in many high-profile cases — as counsel assisting the Corruption and Crime Commission investigating the wrongful conviction of Andrew Mallard, and police tasering of Kevin Spratt, as well as providing advice to the State Government to order a second appeal of Scott Austic’s murder conviction.

He hoped there was general confidence in the justice system.

Justice Peter Damien Quinlan will start his new job as  the Chief Justice of the Supreme Court of Western Australiaon 13th August 2018

 

From the Official Supreme Court of Western Australia Website

Chief Justice Peter Damien Quinlan was appointed to the Supreme Court of Western Australia on 13 August 2018. He was appointed as a judge of the Court, a judge of the Court of Appeal and as the Chief Justice of Western Australia. He graduated with a Bachelor of Commerce in 1992 and a Bachelor of Laws (Honours) in 1995 from the University of Western Australia. Chief Justice Quinlan was Professional Assistant to K H Parker AO QC, Solicitor General for Western Australia, from 1993 to 1994, and associate to the Hon Justice Parker, Supreme Court of Western Australia in 1995. From 1996 to 2001, he was a Legal Officer (and ultimately Assistant Crown Counsel) at the WA Crown Solicitor’s Office before joining the Independent Bar in 2001.

Chief Justice Peter Damien Quinlan was appointed Senior Counsel in 2010.

Chief Justice Peter Damien Quinlan was appointed Solicitor General for Western Australia on 1 July 2016 and served in this role until his appointment to the Bench.

Chief Justice Peter Damien Quinlan served as President of the WA Bar Association from 2012 to 2015, Board of Governors at the University of Notre Dame from 2008 and Director of the Law Council of Australia from 2012 to 2014.

Current Justices and Registrars of the Supreme Court of Western Australia as at 1st November 2021 

Chief Justice Peter Damien Quinlan
The Associate to the Chief Justice of the Supreme Court of Western Australia

Executive Assistant, Chief Justice's Chambers - Telephone: (08) 9421 5337
Email: Chief.Justice.Chambers@justice.wa.gov.au

Associate - Telephone: (08) 9421 5479
Email: Associate.Chief.This email address is being protected from spambots. You need JavaScript enabled to view it.

Associate - Telephone: (08) 9421 5344
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5387
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5361
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5459
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9219 3101
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5174
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5385
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Associate - Telephone: (08) 9421 5196
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it..au
 
Associate - Telephone: (08) 9421 5382
Email: Associate.Justice.Hall@justice.wa.gov.au
 
Associate - Telephone: (08) 9421 5401
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5113
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5110
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5120
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5311
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5180
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
 
Associate - Telephone: (08) 9421 5244
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5142
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5530
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Associate - Telephone: (08) 9421 5141
Email: Associate.Justice.Hill@justice.wa.gov.au
 
Associate - Telephone: (08) 9421 5523
Email: Associate.Justice.Strk@justice.wa.gov.au
 
Associate - Telephone: (08) 9421 5349
Email: Associate.Justice.This email address is being protected from spambots. You need JavaScript enabled to view it. 
 
Kate McDonald
Acting Principle Registrar of the Supreme Court of Western Australia
Associate - Telephone: 
(08) 9421 5302
(08) 9421 5493
 
Registrar Ms Danielle Jane Davies
The Supreme Court of Western Australia
Associate - Telephone: (08) 9421 5123
E-mail: associate.registrar.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Registrar Janet Whitbread 
The Supreme Court of Western Australia
Associate - Telephone: (08) 9421 5362
E-mail: associate.registrar.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Registrar Rainer Gilich
The Supreme Court of Western Australia
Associate - Telephone: (08) 9421 5464
E-mail: associate.registrar.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Registrar June Eaton
The Supreme Court of Western Australia
Court of Appeal Registrar Associate - Telephone: (08) 9421 5335
E-mail: associate.registrar.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Registrar Mark Fatharly
The Supreme Court of Western Australia
Associate - Telephone: (08) 9421 5181
Email: associate.registrar.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Registrar Prue Griffin
The Supreme Court of Western Australia
Associate - Telephone: (08) 9421 5350
Email: associate.registrar.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Registrar Acacia Hosking
The Supreme Court of Western Australia
Associate - Telephone: (08) 9421 5380
Email: associate.registrar.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Registrar Gemma Beggs
The Supreme Court of Western Australia
Associate - Telephone: (08) 9421 5125
Email: associate.registrar.This email address is being protected from spambots. You need JavaScript enabled to view it.
 
Legal Background and Education of Current Justices
of the Supreme Court of Western Australia as at 1st November, 2021
 

Justice Buss was appointed to the Supreme Court of Western Australia, including as a Judge of the Court of Appeal, on 1 February 2006, and was appointed as President of the Court of Appeal in July 2016.

He graduated with a Bachelor of Jurisprudence (Honours) and Bachelor of Laws (Honours) from the University of Western Australia and was admitted to practice in Western Australia in 1977.

He was a partner of a Perth law firm between 1982 and 1987. Justice Buss joined the Independent Bar in 1987 and was appointed a Queen's Counsel in December 1993.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5301
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Justice Murphy was appointed to the Supreme Court of Western Australia on 28 April 2009 and as a judge of the Court of Appeal on 3 August 2010.

He graduated with a Bachelor of Laws and Bachelor of Economics from Sydney University.

He joined the Western Australian Bar Association in 1994 and was appointed Senior Counsel in WA in 2003.

His Honour practised principally in commercial, contractual and equity matters. Prior to being called to the Bar, he was a partner with a national law firm. He had also practised as a solicitor in Sydney and London in commercial litigation and international arbitration.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5344
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Mazza was appointed to the Supreme Court of Western Australia on 4 March 2010, and as a judge of the Court of Appeal on 16 December 2011.

He graduated with a Bachelor of Laws in 1980 from the University of Western Australia and was admitted to practice in 1981. His Honour practised predominantly in the area of criminal law.

In 2002, he was appointed as Deputy President of the Equal Opportunity Tribunal. In 2004, he was appointed a judge of the District Court of Western Australia.

Justice Mazza is the former President of the Australasian Institute of Judicial Administrators (AIJA). He is a trustee and governor of Notre Dame University Australia.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5387
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Mitchell was appointed to the Supreme Court of Western Australia in October 2014 and as a judge of the Court of Appeal in July 2016.

He graduated with a Bachelor of Jurisprudence in 1989 and a Bachelor of Laws in 1991 from the University of Western Australia. His Honour completed a Master of Laws, with distinction, at UWA in 1997.

In 1989, Justice Mitchell commenced work as Professional Assistant to the Solicitor General. He then completed articles with the Crown Solicitor, was appointed Assistant Crown Counsel in 1997, Senior Assistant Crown Counsel in 2000, and Deputy State Solicitor in 2008.

He was appointed Senior Counsel in 2007 and was acting Solicitor General from July 2011 to February 2012.

Justice Mitchell was a member of the Law Reform Commission from 2007 till 2011, a member of the Legal Practice Board and a member of the Legal Profession Complaints Committee.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5361
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Justice Beech was appointed to the Supreme Court of Western Australia on 25 June 2007 and as a judge of the Court of Appeal on 24 May 2017.

He graduated with a Bachelor of Jurisprudence (Honours) in 1983 and a Bachelor of Laws (Honours) in 1984 from the University of Western Australia. He also graduated with a Bachelor of Civil Law (BCL) in 1988 from Oxford University, England.

He was an articled clerk and completed restricted practice at Northmore Hale (now Minter Ellison), joined Parker & Parker (now Freehills) from 1989 - 1991 and was a Crown Prosecutor with Office of Director of Public Prosecutions WA from 1992 - 1994.

He joined the Independent Bar in 1994 and was appointed Senior Counsel in 2004. Justice Beech was Editor of the Western Australian Reports from 1997 - 2002 and Consultant Editor from 2002 - 2007.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5459
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Pritchard was appointed to the Supreme Court of Western Australia on 11 June 2010 and appointed as a judge of the Court of Appeal on 13 September 2018.

Her Honour had previously served as Deputy President of the State Administrative Tribunal after her appointment to the District Court of Western Australia in June 2009.

Justice Pritchard graduated with a Bachelor of Laws (Honours) and a Bachelor of Arts from the Australian National University in Canberra and a Master of Laws degree (with Distinction) from the University of London. She also has a Graduate Diploma in Women's Studies from Murdoch University.

In 1991 Justice Pritchard joined the then Crown Solicitor's Office (now the State Solicitor's Office) and worked in that office until her appointment to the bench. Justice Pritchard also lectured and tutored in law at Western Australian universities at various times during the same period.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9219 3101
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Justice Vaughan was appointed to the Supreme Court of Western Australia on 30 April 2018.

He became a judge of the Court of Appeal on 4 June 2019.

He graduated from the University of Western Australia in 1992 with a Bachelor of Laws (Honours) and a Bachelor of Commerce, and was admitted to practice in Western Australia later that year.

Justice Vaughan became a partner in a national law firm in 1998 and joined the Independent Bar in 2007. His Honour was appointed Senior Counsel in 2013.

While a barrister Justice Vaughan practised principally in the areas of insolvency, commercial litigation and taxation.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5174
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Rene Lucien Le Miere-JusticeWASupremeCourt.
 
Rene Lucien Le Miere a Justice of the Supreme Court of Western Australia
 
The Honourable Justice Rene Le Miere was appointed to the Court on 2 February, 2004. He was admitted to practice in Western Australia in 1978 and became a partner with Dwyer Durack in 1981.
He joined the WA Bar Association in 1988 and was appointed Queen's Counsel in 1993. He was a member of the Council of the Lw Society from 1983-1991, and President of the Law Society in 1989 and 1990. He was a Commissioner of the Law Reform Commission of Western Australia 1988-1992 and also a member of the Board of Perth Institute of Contemporary Art from 1983 to 1997.
Justice Le Miere graduated with a Bachelor of Economics at the University of Western Australia in 1972, a Bachelor of Jurisprudence with honours in 1977, and a Bacleor of Laews with honours in 1978.
 
 

Justice Le Miere was appointed to the Supreme Court of Western Australia on 2 February 2004.

He was admitted to practice in Western Australia in 1978 and became a partner with Dwyer Durack in 1981. He joined the WA Bar Association in 1988 and was appointed Queen’s Counsel in 1993.

Justice Le Miere was a member of the Council of the Law Society from 1983 - 1991, and President of Law Society in 1989 and 1990. He was a Commissioner of the Law Reform Commission of Western Australia 1988 - 1992. He was a member of the Board of Perth Institute of Contemporary Art from 1993 to 1997.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5385
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Martin was appointed the Supreme Court of Western Australia on 20 March 2009.

He graduated from the University of Western Australia with a Bachelor of Jurisprudence (Honours) in 1976, and a Bachelor of Laws (Honours) in 1977. He was admitted to practice in Western Australia in 1978 after serving his articles with the law firm Parker & Parker.

His Honour served as associate to the late Sir Ronald Wilson AC, KBE, CMG, at the High Court of Australia during 1980 - 81.

Justice Martin completed a degree of Master of Laws at the University of London (reading in Restitution, Maritime Law, general Insurance and International Business Transactions) before returning to Parker & Parker in 1982, where he was a partner from 1984 and in-house counsel from 1989 - 1991.

He joined the Independent Bar at Francis Burt Chambers in 1992 and was appointed Queen's Counsel in 1997.

He was Editor of the West Australian Law Reports from 1985 - 1996, and Consulting Editor from 1997 - 2000. Justice Martin is a former President of the Law Society of WA (2001) and the Bar Association of WA (2005-2007). At the time of his appointment, he was the Treasurer and member of the Executive of the Law Council of Australia.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5196
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Hall was appointed to the Supreme Court of Western Australia on 3 July 2009. He graduated with a Bachelor of Jurisprudence and Bachelor of Laws from the University of Western Australia. In 1986 he joined the Office of the Commonwealth Director of Public Prosecutions in Perth and from 1991 - 1999 was Senior Assistant Director in its Commercial Prosecutions Branch.

His Honour joined the Independent Bar in Western Australia in 1999 practising in criminal, administrative, insolvency and company law as well as disciplinary tribunals and coronial inquests. He was appointed Senior Counsel in 2003.

Justice Hall appeared as Counsel Assisting in the Finance Brokers Royal Commission in 2001 and the Police Royal Commission in 2002 to 2003 and was retained in a similar role in a number of matters in the Corruption and Crime Commission.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5382
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Corboy was appointed to the Supreme Court of Western Australia on 19 April 2010.

He graduated from the University of Western Australia with a Bachelor of Economics (Honours) in 1973. Justice Corboy lectured in economics at Curtin University of Technology, Bentley, and was as a research associate and tutor at the University of Edinburgh in Scotland before returning to study law at UWA, graduating in 1980.

He was admitted to practice in 1980 and completed articles at Warren McDonald French and Harrison (now Norton Rose Australia).

Justice Corboy became a partner of the firm in 1982 and practised in criminal law and civil litigation, before joining Stone James (now Mallesons Stephen Jaques), becoming a partner in 1987.

He joined the Independent Bar in 1996 and was appointed Senior Counsel in 2002.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5401
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Justice Allanson was appointed to the Supreme Court of Western Australia on 9 August 2010.

He graduated with a Bachelor of Jurisprudence, Bachelor of Laws & Master of Laws at the University of Western Australia. He was admitted to practice in Western Australia in 1981 and worked with the State Solicitor's Office until 1994, resigning as Senior Assistant Crown Solicitor.

His Honour joined the Independent Bar in 1994 and was appointed Senior Counsel in 2007.

Justice Allanson was a member of the Legal Practice Board from 2007 - 2010, and member then Deputy President of the Legal Profession Complaints Committee from 2007 - 2010.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5113
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Justice Curthoys was appointed to the Supreme Court of Western Australia on 10 February 2014, after serving two and a half years as a judge of the District Court.

He graduated with a Bachelor of Jurisprudence (Honours) in 1978 and a Bachelor of Laws in 1979 from the University of Western Australia. He also graduated with a Bachelor of Arts from the University of Western Australia and a Master of Laws from Murdoch University.

Justice Curthoys was admitted to practice in Western Australia in December 1980. He completed his articles with Parker & Parker. His Honour left Parker & Parker in June 1984 and worked for Freshfields in London. In 1985 he returned to Perth and commenced practice at the Independent Bar. He was appointed to the District Court from John Toohey Chambers.

Justice Curthoys has written or edited books on: advocacy; wills, probate and administration; and civil procedure.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5110
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Tottle was appointed to the Supreme Court of Western Australia on 10 August 2015.

He studied law at the College of Law in London before being admitted as a solicitor in 1981. His Honour was an articled clerk at a firm of solicitors in Somerset, England, and following his admission to practice, he was a solicitor in London from 1981 - 1986.

Justice Tottle joined the firm of Robinson Cox after moving to Western Australia in 1986, later becoming a partner. In 1995, he founded Tottle Partners and remained at the firm until joining the Court.

Justice Tottle has served as a member of the Legal Practice Board of Western Australia, the Council of the Law Society of Western Australia and co-convenor of the Society's Education Committee.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5120
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Justice Fiannaca was appointed to the Supreme Court of Western Australia on 31 August 2015.

He graduated from the University of Western Australia with a Bachelor of Jurisprudence in 1983 and a Bachelor of Laws in 1984 and was admitted to practice in Western Australia on 4 February 1985.

He joined the WA State Crown Solicitor’s Office in 1984 as an articled clerk and worked in that office, predominantly as counsel, until 1992. His Honour was appointed Assistant Crown Counsel in 1991.

From 1992 until his appointment to the bench, his Honour worked for the Office of the Director of Public Prosecutions for Western Australia, including roles as Consultant State Prosecutor, Acting DPP and Deputy DPP, a position he occupied from 2010. He was appointed Senior Counsel in 2005.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5311
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice McGrath was appointed as a judge of the Supreme Court of Western Australia on 25 November 2016.

He graduated from the University of Western Australia (UWA) with a Bachelor of Arts (Honours) in 1986, and a Bachelor of Laws from the Australian National University in 1989. He completed a Master of Laws at UWA in 1996, before attending the London School of Economics in 1999, graduating with a Master of Laws (with Merit) in Public International Law & Criminal Law.

He joined Freehill, Hollingdale and Page in 1990, and was admitted to practice in Western Australia in 1991. Justice McGrath was associate to the Hon Justice Lee, of the Federal Court of Australia in 1992.

He was Principal Legal Officer/Senior Legal Officer for the Commonwealth Director of Public Prosecutions in Perth from 1993 – 1998, and Senior Assistant Director from 2000 until he joined the Independent Bar in March 2001.

Justice McGrath was appointed Director of Public Prosecutions for Western Australia in 2010, a position he held until his appointment to the Supreme Court. He was appointed Senior Counsel in 2011.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5180
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Justice Archer was appointed to the Supreme Court of Western Australia on 29 May 2017.

Justice Archer is a former state prosecutor, Principal Counsel of Legal Aid WA and Acting Commissioner of the Western Australian Corruption and Crime Commission.

Her Honour joined the Bar in 2004 and was appointed as Senior Counsel in 2007. That same year, Justice Archer was chosen to conduct a statutory review of the Corruption and Crime Commission Act 2003 (WA).

Justice Archer has a keen interest in forensic advocacy and, in 2011, was selected by the Australian Bar Association to be a coach in an advanced advocacy course at Keble College in Oxford. In 2015, Her Honour was a coach in an advocacy course conducted in Singapore by the Singapore Law Society. She is also a regular coach in the Australian Bar Association’s advanced advocacy residential course.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5244
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Derrick was appointed to the Supreme Court of Western Australia on 6 March 2018.

Justice Derrick graduated from the University of Western Australia, with a Bachelor of Jurisprudence (Honours) in 1988 and a Bachelor of Laws in 1989. He was admitted to practice in 1991. He completed a Master of Laws with distinction at UWA in 1997.

His Honour was a Crown Prosecutor at the Office of the Director of Public Prosecutions from 1993 - 2001, then served as Assistant Crown Counsel for the Crown Solicitor's Office until 2002. He joined the Independent Bar in 2002 and was appointed Senior Counsel in 2009.

Justice Derrick was a judge of the District Court of Western Australia from 1 June 2010 until his appointment to the bench of the Supreme Court.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5142
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Smith was appointed as a judge of the Supreme Court of Western Australia on 27 June 2018, having been an acting judge since 1 August 2017.

She was also Acting President of the Western Australian Industrial Relations Commission (WAIRC) until 26 December 2018, having been appointed to that role on 17 October 2009.

Her Honour was awarded a Bachelor of Jurisprudence in 1984 and a Bachelor of Laws (Honours) in 1986 from the University of Western Australia.

She joined the Crown Solicitors Office in 1985 and remained with the Office until January 2000, after being appointed Senior Assistant Crown Counsel in 1997.

Justice Smith was appointed a Commissioner of the WAIRC on 10 January 2000, and Senior Commissioner on 21 November 2006.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5530
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Hill was appointed as a judge of the Supreme Court of Western Australia on 4 June 2019.

She graduated with a Bachelor of Science and Bachelor of Laws (Honours) from the Australian National University in 1992, and was admitted to practice in Western Australia in 1994.

She joined Bennett and Co as an articled clerk in 1994 and was promoted to partner in 2001. She joined Deacons (now Norton Rose Fulbright) as a partner in litigation and dispute resolution in 2005, remaining with the firm until 2015.

Before her appointment to the Court, her Honour was a partner in litigation and dispute resolution at Clifford Chance acting on disputes primarily in the energy and resources sectors.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5141
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Justice Strk was appointed a judge of the Supreme Court of Western Australia on 1 July 2021.

Justice Strk graduated with a Bachelor of Laws (Honours) in 1997 from the University of Western Australia. She joined Dwyer Durack in 1998 as an articled clerk and was admitted to practice in Western Australia that year.

Her Honour joined Mallesons Stephen Jaques (now King & Wood Mallesons) in 2000, where she was a partner from 2011 to 2016. While a partner, her Honour practised principally in the areas of commercial litigation and insolvency.

Her Honour was appointed as the Principal Registrar of the Supreme Court of Western Australia on 1 August 2016 and is an experienced mediator. From August 2016, her Honour performed the role of Acting Master from time to time. Her Honour was appointed as an Acting Judge of the Court from 1 November 2018 to 30 June 2019.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5523
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

Justice Solomon was appointed a judge of the Supreme Court of Western Australia on 4 August 2021.

Justice Solomon graduated with a Bachelor of Laws (Honours) at the University of Western Australia and was admitted to practice in 1991.

His Honour was a solicitor then partner at two major firms where he worked on complex commercial matters including property, contracts, insolvency, building and construction, planning and trade practices.  He also taught advocacy to junior barristers for the Western Australian Bar Association.

Justice Solomon joined the Independent Bar in 2006 and was appointed Senior Counsel in 2013.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5349
Email: This email address is being protected from spambots. You need JavaScript enabled to view it. 

Current Masters of the Supreme Court of Western Australia as at 1st November, 2021

Master Sanderson was appointed to the Supreme Court in November 1996. He graduated from UWA with a Bachelor of Jurisprudence in 1974 and a Bachelor of Laws in 1975. He served his articles at Frank Unmack and Allen from 1976 and remained with them before heading to London in 1978.

On his return to Perth in 1981, Master Sanderson became a founding partner in Pullinger, Sanderson and Workman. He joined the Independent Bar in 1987.

Master Sanderson has served on the Law Society's council in a number of senior roles including treasurer and vice president.

Chambers may be contacted as follows:

Associate - Telephone: (08) 9421 5348
Email - This email address is being protected from spambots. You need JavaScript enabled to view it. 

 

Former Judges and Masters of the Supreme Court of Western Australia

Former Judges of the Supreme Court of Western Australia

Name Period in Office Notes

BURT, Sir Archibald Paul, KT

1861-1879

Chief Justice

WRENFORDSLEY, Sir Henry Thomas, KT

1880-1883

Chief Justice

ONSLOW, Sir Alexander Campbell, KT

1883-1901

Chief Justice

STONE, Sir Edward Albert, KT

1883-1901

Chief Justice 1901-1905

HENSMAN, Alfred Peach

1892-1902

 

JAMES, John Charles Horsey

1898

 

PARKER, Sir Stephen Henry, KT

1901-1906

Chief Justice 1906-1913

MOOREHEAD, Frederick William

1902

 

McMILLAN, Sir Robert Furse, KCMG

1902-1913

Chief Justice 1914-1931

BURNSIDE, Robert Bruce

1902-1929

 

ROOTH, John

1906-1921

 

NORTHMORE, Sir John Alfred, KCMG

1914-1931

Chief Justice 1931-1946

DRAPER, Sir Thomas Percy, CBE

1921-1939

 

DWYER, Sir John Patrick, KCMG

1929-1945

Chief Justice 1946-1958

WOLFF, Sir Albert Asher, KCMG

1938-1959

Chief Justice 1959-1969

WALKER, James Leonard

1946-1955

 

JACKSON, Sir Lawrence Walter, KCMGT

1949-1969

Chief Justice 1969-1977

VIRTUE, Sir John Evenden, KBE

1951-1975

 

NEVILE, Roy Vivian

1955-1970

 

D'ARCY, Gordon Bede

1959-1969

 

HALE, John

1960-1973

 

NEGUS, Oscar Joseph

1962-1969

 

BURT, Sir Francis Theodore Page, KCMG AC

1969-1977

Chief Justice 1977-1988

LAVAN, Sir John Martin KT

1969-1981

 

WICKHAM, John Leonard Clifton

1969-1983

 

WALLACE, Alkin Robert Alexander AO

1972-1991

 

JONES, Robert Edmund

1973-1982

 

WRIGHT, George Dundas

1975-1975

 

BRINSDEN, Peter Frederick

1976-1990

 

SMITH, Charles Howard

1977-1989

 

KENNEDY, Geoffrey Alexander AO

1981-2001

 

OLNEY, Howard William

1982-1988

 Appointed to Federal Court

PIDGEON, William Page AO

1982-2001

 

ROWLAND, Barry William

1983-1996

 

FRANKLYN, Edward Morrissey

1984-1998

 

SEAMAN, Paul Laurence

1988-1994

 

MALCOLM, David Kingsley AC

1988-2006

Chief Justice

NICHOLSON, Robert David AO

1988-1994

Appointed to Federal Court

WALSH, Terence Alan

1988-1998

 

IPP, David Andrew AO

1989-2002

Appointed to Court of Appeal NSW

WALLWORK, Henry Albert

1989-2002

 

MURRAY, Michael John AM

1990-2012

 

ANDERSON, Robert John McArthur

1990-2003

 

OWEN, Neville John

1991-2010

 

WHITE, Kerry

1992-2000

 

SCOTT, Graeme Frederick

1992-2003

 

STEYTLER, Christopher David

1994-2009

 

PARKER, Kevin Horace AO RFD

1994-2003

International Criminal Tribunal for former Yugoslavia

HEENAN, Desmond Charles

1995-2000

 

TEMPLEMAN, Anthony John

1996-2009

 

WHEELER, Christine Ann AO

1996-2010

 

MILLER, Geoffrey Peter

1998-2009

 

MCKECHNIE, John Roderick

1999-2015

 

HASLUCK, Nicholas Paul AM

2000-2010

 

ROBERTS-SMITH, Leonard William RFD

2000-2007

 

PULLIN, Christopher James Lonsdale

2001-2014

 

MCLURE, Carmel Joy AC

2001-2016

 

HEENAN, Eric Michael

2002-2015

 

BARKER, Michael Laurence

2002-2009

Appointed to Federal Court

JOHNSON, Narelle

2003-2012

 

SIMMONDS, Ralph Lloyd

2004-2016

 

Jenkins, Carolyn (Lindy) Frances

2004-2020

 

BLAXELL, Peter Donald

2005-2011

 

MARTIN, Wayne Stewart AC

2006-2018

Chief Justice 2006 - 2018

NEWNES, David Wallace

2007-2017

 

CHANEY, John Anthony

2009-2018

 

EDELMAN, James Joshua

2011-2015

Appointed to Federal Court

MARTINO, Peter Dominic

2015-2018

 

BANKS-SMITH, Katrina Frances

2016-2018

Appointed to Federal Court

 
 

Former Masters of the Court

Name Period in Office Notes

STONE, Alfred Hawes

1861-1870

 

LOFTIE, Rowley Crozier

1870-1878

 

COWAN, James

1878-1889

 

MOSELEY, Francis Arnold

1889-1920

 

SHERARD, Charles Allan

1919-1921

 

DAVIES, Thomas Frederick

1921-1939

 

BOYLSON, Gregory James

1940-1967

 

STAPLES, Gordon

1967 –1990

 

SEAMAN, Paul Laurence

1983-1988

Appointed Supreme Court Judge

WHITE, Kerry

1988-1991

Appointed Supreme Court Judge

NG, Mann Sau

1988–1998

 

BREDMEYER, Theodore

1990–2002

 

ADAMS, John Rennel

1992-1996

 

NEWNES, David Wallace

2003 – 2007

Appointed Supreme Court Judge

 
Sir Francis Theodore Page Burt
From www,wikipedia.org in November 2021
Sir Francis Burt.jpg
Sir Francis Theodore Page Burt, 27th Governor of Western Australia 
from 29th March 1990 to 31st  October 1993
Preceded by Sir Lawrence Jackson 
Succeeded by David Kingley Malcolm AC QC
 

Sir Francis Theodore Page BurtACKCMGQC (14 June 1918 – 8 September 2004) was an Australian jurist who served as the 11th Chief Justice of Western Australia, from 1977 to 1988, and the 27th Governor of Western Australia, from 1990 to 1993.

https://en.wikipedia.org/wiki/Francis_Burt

Burt was born in Cottesloe, a suburb of Perth Western Australia, and educated at Guildford Grammar School. He studied law at the University of Western Australia, and also served in the Royal Australian Navy and the Royal Australian Air Force during the Second World War. Burt was made a justice of the Supreme Court of Western Australia in 1969, and was promoted to Chief Justice in 1977. As Chief Justice, he served as lieutenant-governor. When the Governor of Western Australia, Gordon Reid, resigned in 1989, Burt was appointed to succeed him and served as governor until 1993.

Biography of Sir Francis Theodore Page Burt

Born in Mosman Park, Western Australia,[1] Burt's great-grandfather, Sir Archibald Burt, was Chief Justice of Western Australia from 1861 to 1879, while his grandfather, The Honourable Septimus Burt, was Attorney-General and Agent-General when responsible government was granted to Western Australia in December 1890. Archibald Burt had been a slaveholder in the West Indies. Burt was educated at Guildford Grammar School and later studied law at the University of Western Australia.[2] During the Second World War he served in the Royal Australian Navy and the Royal Australian Air Force.[3]

After being admitted to the Bar in 1941, Burt gained his skills as a Queen's Counsel in 1959, and in 1961 founded the independent Bar in Western Australia.[4] With others, he established Bar Chambers in 1962. He was appointed as a Justice of the Supreme Court of Western Australia in 1969, a position he held until 1977 when he was promoted to Chief Justice of Western Australia. He retired in 1988.

Burt was afforded a state funeral on his death in 2004. He is buried at Karrakatta Cemetery.[5] The Francis Burt Chambers located in Allendale SquarePerth, and the Francis Burt Law Education Centre and Museum in Stirling Gardens are both named in his honour.

References

  1.  "Births"The West Australian. Perth, WA. 17 June 1918. p. 1. Retrieved 14 June 2019.
  2. ^ "Sir Francis Theodore Page Burt 1990–1993"Constitutional Centre of Western Australia. July 2005.
  3. ^ BURT, FRANCIS THEODORE PAGE (RAN) and BURT, FRANCIS THEODORE PAGE (RAAF) – World War II Nominal Roll. Retrieved 12 July 2012.
  4. ^ "Western Australian Bar Association". March 2006.
  5. ^ "Summary Of Record Information, Francis Theodore Page Burt". Metropolitan Cemeteries Board. Retrieved 24 October 2010.

Sir Francis Burt

FRANCIS BURT CHAMBERS

https://www.francisburt.com.au/francis-burt

 fb1.jpg

Our chambers adopted the name Francis Burt Chambers in 1997, in recognition of Sir Francis Burt’s outstanding contribution to the administration of justice in Western Australia.

Sir Francis Theodore Page Burt AC KCMG QC was one of Western Australia’s preeminent jurists, having held the offices of Justice of the Supreme Court of Western Australia, Chief Justice of Western Australia and Governor of the State of Western Australia.

Prior to holding those offices, Sir Francis founded the Bar in Western Australia in 1961 and, with others, established Bar Chambers in 1962. In 1997, members of these chambers moved to change the name of Bar Chambers to Francis Burt Chambers in honour of his esteemed career.

Today, members of Francis Burt Chambers commit to observing the highest standards of conduct in the practice of the law, and upholding Sir Francis’ hallmark traits of integrity and independence.

Early Women Members

A beautiful sculpture of glass and steel stands with pride and strength in the reception area of Francis Burt Chambers. It was unveiled in 2021 to honour and recognise our early women members.

It is the work of Alessandra Rossi, who used a Japanese sword to carve the mould upon which the steel frame was constructed. She described the sculpture’s mix of steel and glass as representing a combination of strength and ‘something more delicate’.

SculptureAndMembers.jpg

Toni Kennedy and Val French

Toni Kennedy and Val French

Francis Burt Chambers welcomed our first women members in 1975. Val French joined in April and Toni Kennedy in October.

Val French left chambers soon after and re-joined in December 1985 but, between October 1975 and 1983, Toni Kennedy was the only woman barrister in Perth.

Like many of our women members, both would go on to impressive judicial careers – Val French as a District Court judge and President of the Children’s Court, and Toni Kennedy who become the first woman to be appointed Chief Judge of the District Court of Western Australia.

They were the first of 26 women who would join Francis Burt Chambers over almost the first four decades.

They were courageous pioneers in what was often anything but a welcoming environment.

We thank them and honour their bravery, determination and perseverance.

Today women make up 40% of our members and we are all committed to improving equity for women at the Bar.

DavidKingsleyMalcolm-AC-QC_Ph1

DavidKingsleyMalcolm-AC-QC_Ph1.jpg

 David Kingsley MalcolmACQC 

WA Supreme Court Chief Justice of Western Australia
1988–2006

Born 6th May 1938 Bunbury, Western Australia

 Died 20th October 2014 aged 76 in Perth Western Australia

Spouse: Karen Malcolm

 Children: Manisha Malcolm

Preceded by Sir Francis Burt

Succeeded by Wayne Martin

DavidKingsleyMalcolm-AC-QC_Ph2

DavidKingsleyMalcolm-AC-QC_Ph2.jpg

David Kingsley Malcolm AC (1938-2014)28th October 2014

NewsAlumni news

 

David Kingsley Malcolm AC, Honorary Fellow of Wadham since 2002, died in Perth on 20 October, 2014.

https://www.wadham.ox.ac.uk/news/2014/october/david-kingsley-malcolm-ac-1938-2014

David Malcolm came to Wadham on a Rhodes scholarship in Michaelmas Term 1960 from the University of Western Australia, to do the BCL (Bachelor of Civil Law).

He was a larger than life addition to the place in all senses.  The Rugby XV was immediately and impressively augmented, and law undergraduates, already receiving tuition in Western Australian from Maurice Cullity on Staircase 1, were now able to get both tutorial preparation and post-operative autopsies in Western Australian at David’s desk in the Old Library (first bay on the left as you came in) which he had commandeered and commanded).
 
After the BCL he went into practice in WA and as a QC was occasionally and entertainingly at dinner in Wadham when he was appearing before the Privy Council.  (The abolition of appeals to the Privy Council from Australia may well have been a positive move in all sorts of constitutional ways, but it was a sad loss to Oxford High Tables).  In 1988 he was appointed Chief Justice of the Supreme Court of WA and in 1990 the State’s Lieutenant Governor.  His tenure was marked in particular for the people of WA by a determination to make the court’s processes more transparent and he was most active off the Bench, both with tireless work for the Law Society of WA (which in its Obituary tribute picked up a phrase which was not new, in describing him as a ‘giant of the profession’) and in the wider community.  In recognition of his many contributions to Australian life he became a Companion of the Order of Australia in 1992.  He retired from the Bench in 2006 and became a Governor of the University of Notre Dame with great success.

He was much admired and respected for his warmth and his community involvement.   A very typical story was of an address to students in which he told them to take their work seriously, to take any job they held seriously, but not to make the mistake of taking themselves too seriously.  His health had suffered in his later years, but Wadham was lucky that he was able to come to speak at the memorial service to his former tutor, Peter Carter.  He delivered a brilliantly judged tribute with a perfect balance of affection, respect and humour.  It will long be remembered for the passage in which he said PBC would always be remembered as the man who had invented ‘intellectual terrorism’.

He died in Perth on 20 October 2014 and is survived by his wife Kaaren and daughter Manisha.

Written by Emeritus Fellow, Jeffrey Hackne

 https://en.wikipedia.org/wiki/David_Malcolm

From www.wikipedia.org November 2021 

David Kingsley MalcolmACQC (6 May 1938 – 20 October 2014) was the Chief Justice of Western Australia from May 1988 until his retirement from the bench in February 2006.[1] He was also an expatriate justice of the Supreme Court of Fiji.

Born in Bunbury, Western Australia, Malcolm was educated at Guildford Grammar School in Perth and was awarded a Rhodes Scholarship in 1960. Malcolm was a graduate of the University of Western Australia.[2] He studied for his BCL at Wadham College, Oxford. Before serving as Chief Justice, Malcolm was a deputy counsel for the Asian Development Bank and one of Western Australia's most prominent Queen's Counsel. He regularly appeared before the Privy Council, and appeared as counsel on one of the last Australian appeals to the Privy Council before the Australia Act 1986 took effect. He was appointed Chief Justice of the Supreme Court on the retirement of the widely respected Francis Burt. In 1990 he also became Lieutenant-Governor of the state.

Malcolm earned great respect during his time as Chief Justice, and received great acclaim from the legal profession on his retirement on 7 February 2006. However, during his final year on the bench he came under increasing pressure, by the media, for perceived failings on the bench after he aborted a murder trial.[3]

At his farewell, the Attorney-General, Jim McGinty, commented on the landmark judgement that Malcolm had handed down in the appeal of John Button, a high-profile case in which a manslaughter conviction was quashed over 30 years after the event. Wayne Martin replaced Malcolm as Chief Justice, and Malcolm later became Professor of Law at the University of Notre Dame AustraliaFremantle.

Malcolm died in Perth in October 2014, aged 76.[4] The David Malcolm Justice Centre, a 33-storey skyscraper located on Cathedral Square in the Perth CBD, was named in his honour in 2016. The tower houses the civil arm of the Supreme Court and offices for the Department of the Attorney General and Department of Treasury.[5]

Perth’s CBD tower named after late WA Chief Justice David Malcolm

PERTH’S new 33-storey CBD tower will be named after one of the state’s most esteemed legal figures, the late Chief Justice of WA David Malcolm.

Eric Michael Heenan

From www.wikipedia.org in November 2021
 
WASupremeCourtJustice_EricHeenan
Western Australian Supreme Court Justice Eric Heenan QC

Eric Michael Heenan is a former justice of the Supreme Court of Western Australia, the highest ranking court in the Australian state of Western Australia.

He was educated at Aquinas College (class of 1962), and the University of Western Australia from which he graduated in 1966.

He left his father's firm E.M. Heenan & Co in 1983 to practise as a barrister. He was appointed Queen's Counsel in 1985.

He served as president of the WA Bar Association from 1990 to 1992, and as vice-president of the Australian bar association in 1992. He also served as a Commissioner of the Western Australian Supreme Court in 1990 and 1994.

From 1988 to 1994 he served as the deputy chairman of the Aquinas College Board.

He was appointed to the Supreme Court on 4 April 2002. He retired in 2015.

Supreme Court Judge Eric Heenan

 

WA Supreme Court Justice Eric Heenan  sees no reason to stand aside

Neale PriorThe West Australian
 

A Supreme Court judge yesterday refused to step aside from the retrial of wealthy mining contractors Peter Bartlett and Ron Sayers despite defence lawyers attacking the way he summed up the case last year.

After more than two hours of legal argument over the complex tax fraud conspiracy case, Justice Eric Heenan said nothing had been presented to disqualify him. He put the wheels in motion for a new trial in August.

A jury of eight women and four men was unable to reach a verdict in November on charges that Mr Bartlett and Mr Sayers conspired to swindle the Commonwealth by signing backdated trust documents.

 

It was disclosed yesterday that lawyers for Mr Bartlett and Mr Sayers had recently written to the office of the Commonwealth Director of Public Prosecutions, Robert Bromwich, asking that the case be dropped.

Prosecuting barrister Paul Roberts said yesterday he had not seen the submission.

The alleged conspirators went on trial last year after a long investigation by the Australian Crime Commission into the links between Australian business figures and tax schemes.

The charges related to activities dating from 1999 to 2004. These included Mr Sayers and Mr Bartlett entering a $50 million tax minimisation scheme in 2000 to cover the 1999-2000 and 2000-01 financial years.

The alleged conspiracy related to backdated trust minutes created in 2002 after belated accounting work revealed a $7 million trust profit for 1998-99. Minutes and transactions were allegedly falsely created to move the income to 1999-2000, when the $50 million scheme was operating.

Commonwealth prosecutors alleged the backdating was done fraudulently to protect the tax minimisation scheme and to shield the Bartlett and Sayers family trust structures from attack by the tax office under anti-avoidance measures.

Mr Bartlett's barrister Chris Boyce told Justice Heenan yesterday that another motive was added by the judge in his summing up to the jury.

Mr Boyce said that added alleged motive was the men did not want to make a distribution in 1998-99 that would have attracted a higher rate of tax.

He said that leaving aside issues of unfairness, this could create reasonable concerns about the judge's impartiality in the mind of an ordinary observer of court proceedings.

However, Mr Roberts said the attack on Justice Heenan's summing up defied logic, ignored aspects of the prosecution case and lacked substance.

Mr Roberts said it was made abundantly clear that protection of the $50 million scheme was the main alleged objective of the alleged conspiracy but the other alleged objective was cutting the tax rate on the $7 million.

Justice Heenan said he aimed to give detailed reasons for not stepping aside at a directions hearing on April 28. The retrial is expected to run from August 5 to September 26.

I don't consider that anything has been demonstrated to require or justify disqualifying me. "Justice Eric Heenan

 
Carmel_McLure_WASupremeCourtJustice
Carmel McLure
a Justice of the Supreme Court of Western Australia from 2001 to 2016
carmel-mclure-Ph3
Carmel Mclure AC QC

Carmel Joy McLure AC, QC is a former president the President of the Court of Appeal of the Supreme Court of Western Australia.

Legal Career of Carmel Mclure 

https://alchetron.com/Carmel-McLure

McLure was born around 1955 in Perth, Western Australia, and was educated at St Joachim's and the University of Western Australia.

She commenced working for the Australian Attorney-General's Department in 1977 before being articled as a legal clerk in the 1980s. She became a partner in the firm later known as Corrs Chambers Westgarth in 1987 and took silk in 1997, appointed as a Queen's Counsel. McClure was a barrister until her appointment to the bench in 2001, as a judge of the Supreme Court of Western Australia. Appointed a member of the Court of Appeal in 2005, McLure was promoted as President in 2009. She retired in 2016. Michael Buss was appointed as her successor as President of the Court of Appeal.

In 2016 McLure was appointed a Companion of the Order of Australia for eminent service to the law and to the judiciary in Western Australia, to legal administration and professional development, and to the community through contributions to tertiary education and arts organisations

 
 

OPPORTUNITY, AUDACITY AND DIVERSITY - SOME CAREER TIPS

We heartily thank Carmel McLure for her visit to the Rotary of Elizabeth Quay and delivering such a great message.  What a pleasure to listen to Her Honor!

The Honourable Justice McLure's career began at the University of Western Australia where she obtained a Bachelor of Jurisprudence with Honours in 1976 and a Bachelor of Laws with Honours in 1979.

On 23 April 2001, the Supreme Court welcomed Her Honour to the Bench. Carmel became a member of the Court of Appeal upon its inception in 2005 and was appointed as President of the Court of Appeal in November 2009. In June, 2016, Her Honour retired from the Bench.

 
  NICHOLAS Paul HASLUCK AM
From Wikipedia.org November 2021 
Nicholas Paul Hasluck AM (born 17 October 1942) is an Australian novelist, poet and short story writer, and judge.
Nicholas_Paul_Hasluck_at_Mosman_Library_,July 2011
Nicholas Hasluck at the Mosman Library, July 2011
 
Early Life of Nicholas Paul Hasluck 
Nicholas Hasluck was born in Canberra. His father, Sir Paul Hasluck was a minister in the Federal Government under Robert Menzies, and was later appointed Governor-General of Australia. Nicholas went to school at Scotch College, Perth, and Canberra Grammar School, before studying law at University of Western Australia (1963) and Oxford (1966). After completing his studies he worked briefly in Fleet Street in London as an editorial assistant before returning to Australia in 1967 to work as a solicitor, initially in partnership with Robert Holmes à Court. [1] He was a partner in the law firm Keall Brinsden from 1971 to 1984. While working as a barrister from 1985 to 2000 he was appointed Queen's Counsel in 1988 and served as part-time President of the Equal Opportunity Tribunal (WA). He was deputy chair of the Australia Council from 1978 to 1982 and was made a Member of the Order of Australia (AM). [2] He served as Chair of the Literature Board from 1998 to 2001 and as Chair of the Art Gallery of Western Australia from 2014 to 2018.
Judicial Career of Nicholas Paul Hasluck 
On 1 May 2000, Hasluck was appointed a judge on the Supreme Court of Western Australia, which is the highest ranking court in the State of Western Australia. He retired as a judge on 5 May 2010.
 
Writing Career of Nicholas Paul Hasluck 

Hasluck started writing at school, producing poetry and essays for the school magazine and was first professionally published in 1964 with a poem appearing in Westerly literary magazine. [3]

Hasluck's books fall into two categories, which he describes as 'moral thriller genre and satire', with the thriller interesting him the most. [4] He cites the American writers William Faulkner, Saul Bellow, Norman Mailer and Gore Vidal as his main literary influences. [5]

In 2006, Hasluck became Chairperson of the Commonwealth Writers' Prize. He completed his term in 2011.

Awards of Nicholas Paul Hasluck 

Novels

  • Quarantine (1978)[6]
  • The Blue Guitar (1980)
  • The Hand That Feeds You (1982)
  • The Bellarmine Jug (1984)
  • Truant State (1987)
  • The Country Without Music (1990)
  • The Blosseville File (1992)
  • A Grain of Truth (1994)
  • Our Man K (1999)
  • Dismissal (2011)[7]
  • Rooms in the City (2014)
  • The Bradshaw Case (2016)

Short story collections

  • The Hat on the Letter 'O' and Other Stories (1978; revised edition 1990)
  • Wobbling the Whiteboard (under the pseudonym "Kim Lee") (2003)

Poetry

  • Anchor and Other Poems (1976)
  • On the Edge (1981)
  • A Dream Divided (2004)

Non-fiction

  • Chinese Journey (1985) (with Christopher Koch)
  • Collage: Recollections and Images of the University of Western Australia (1987), essays
  • Offcuts From a Legal Literary Life (1993), essays[8]
  • The Legal Labyrinth (2003)
  • The Hasluck Banner (2006)
  • Somewhere in the Atlas: The Road to Khe Sanh and Other Travel Pieces (2007)[9]
  • Legal Limits (2013)
  • Jigsaw: Patterns in law and literature (2018)
  • Beyond the Equator: An Australian Memoir (2019)[10]
  • Rollo's Way (2020)

Plays

  • From M (1990)

Articles

  • "Keating takes the Comets on a learning curve". Quadrant39 (7–8): 12–15. July–August 1995.
  • "Gore Vidal: Radical Contrarian". Quadrant. January–February 2015.
  • "Judicial Activism". Quadrant. May 2016.
  • "Recognition Roulette". Quadrant. October 2017.
Justice of the Supreme Court of Western Australia from 2,000 20 2010
From: Judges and Magistrates of Western Australia Part 5
By Nico Burmiester, Greg Milner & Wendy Matz
In this the fifth in our series of pen portraits of the judges and magistrates of Western Australia, we provide short biographies of Justices Nicholas Hasluck and John Roderick McKechnie and Magistrate Julie Wager, who was appointed a Judge in the District Court of Western Australia in 2005 and then appointed the Chief Judge of the District Court of Western Australia in 2020.
John Roderick McKechnie born 1st November 1950 was the first Director of Public Prosecutions for Western Australia, having been groomed for that job and further advancement to a Justice in the Supreme Court of Western Australian and late became the Commissioner of the Corruption and Crime Commission of Western Australia,
 
 
  NICHOLAS Paul HASLUCK AM
Justice of the Supreme Court of Western Australia from 2,000 20 2010
 
As an awarded novelist, a former editor, a member of the Order of Australia and the son of a Governor-General, Nicholas Paul Hasluck is no ordinary man. Hasluck was born in Canberra on 17 October 1942. However, he spent much of his childhood in the Perth suburb of Claremont and completed his junior certificate at Perth's Scotch College. At the age of 15 he returned to Canberra with his father who was serving as a minister in the Menzies government. Hasluck completed his secondary education at Canberra Grammar School in 1959. In his final year at school he decided to pursue a career in law. He had been accompanying a friend to the local courts, and, as a fledgling author, he was attracted by the interesting dramas and story lines that unfolded in the courtroom. He was also attracted to law by the lack of mathematical and scientific equations that legal study seemed to entail. 
 
His father, the late Sir Paul Hasluck, was a major influence in young Nicholas's life. Sir Paul had spent his life as a journalist, historian, author and politician. After serving as Minister for Territories from 195 1 to 1963, he went on to become Governor-General of Australia from 1969- 1974. The exposure to politics and government that Sir Paul gave to his son had a lasting impact. Through his father's involvement in Papua New Guinea, Nicholas was able to witness firsthand the benefits which government activity can have on the development of a new country. Years later this experience was to stimulate his interest in local government and constitutional law. 
 
In 1960 Hasluck returned to Perth from Canberra and enrolled in the Faculty of Law at the University of Western Australia. After graduating in 1963, he was articled to David Anderson, who later became a Family Court judge. After only nine months in articles, he decided to travel to England where he enrolled at Oxford University and began studying for his Bachelor of Civil Law. His time at Oxford was spent at Wadham College, which has become renowned for its association with eminent Western Australian lawyers. Its alumni include Chief Justice David Malcolm, Justices Geoffrey Kennedy and Camel McClure, the current federal Attorney-General Darryl Williams QC and the late Frank Beasley, foundation Law Dean at the University of Western Australia. It was Beasley who recommended Wadhaln College to Hasluck. 
 
In 1966 Hasluck graduated from Oxford and married. Instead of returning to the law, he decided to broaden his horizons and 'live the London life'. He got a job working for the legal publishers Sweet & Maxwell, as editor of the Criminal Appeal Reports. He later became sub-editor of The Police Review, the journal of the British police force. It was this experience that kindled his interest in journalism and fostered his literary aspirations. The work also broadened his reach, giving him a deeper understanding of how the law was laced with human-interest dramas and stories.
 
  After one year with Sweet & Maxwell, Hasluck returned to Perth to complete his articles. In 1968, after being admitted to practice, he founded a new law firm with Robert Holmes a Court. Two years later he was recruited by Keall Brinsden (now Corrs Chambers Westgarth) where he developed an expertise in land development law. In 1984 he left to join the Western Australian independent bar. 
 
In the early 1970s Hasluck became involved in the Liberal party, the party which his father had served with such distinction. Initially he envisaged that he would seek pre-selection for a government seat. His political aspirations however were pushed into the background when in 1978 he was appointed Deputy Chair of the Australia Council, a position he held for four years. It was about this time that he began his career as a prolific author of fiction, poems, essays and short stories. His gift for writing was formally recognized in 1984 when he won The Age Book of the Year Award for The Bellarmine Jug. In 1990 he shared the Western Australian Premier's Award for Fiction for The Country Without Music. Hasluck is today regarded as one of Western Australia's most eminent authors. 
 
In 1988 Hasluck became a Queen's Counsel and the following year he was appointed President of the Western Australian Equal Opportunity Tribunal. On 1 May 2000 his talent and contribution to the legal profession were recognized by his appointment as a justice of the Supreme Court of Western Australia. 
 
The transition to the bench has required Hasluck to make some adjustments to his natural style. He no longer has the freedom to speak his mind on any subject, a luxury he enjoyed as a barrister. He also has had less time to spend enjoying his leisure pursuits, which include bushwalking, tennis and travelling the world gaining inspiration for his writing. 
His new role has, however, given him an opportunity to reflect on how society has evolved over the past few decades. He has witnessed what he believes is a shift of focus from community values to materialism. Symptoms of this shift include the increasing prevalence of drug-related crime. These changes have required the legal system to respond by establishing such initiatives as the Western Australian Drug Court, an innovation that Hasluck praises. 
Hasluck has valued every phase of his extraordinary legal career: the adventure of starting a new law firm, the collegiality of a middle-sized firm of like-minded colleagues, the intellectual freedom of the independent bar and finally the responsibility and of being a Supreme Court judge. 
These achievements alone would be enough to satisfy any lawyer's ambitions. What has made Justice Nicholas Hasluck truly remarkable, however, has been his ability to combine his legal career with a second life as an eminent and prize-winning author.
 
  Novels and other works by Nicholas Hasluck
  Novels
    Quarantine (Macmillan, 1978) Tlze Blue Guitar (Macmillan, 1980) Tlze Hand That Feeds You (Fremantle Arts Centre, 1982) Tlze Bellarmine Jug (Penguin, 1984) Truant State (Penguin, 1987) Tlze Country Without Music (Penguin, 1990) The Blosseville File (Penguin, 1992) A Grain of Trutl? (Penguin, 1994) Our Man K (Penguin, 1999)
 
  Poetry
   Anclzor and Other Poems (Fremantle Arts Centre Press, 1976) On the Edge (Freshwater Bay Press, 1981) (co-author, W Grono) Chinese Jourrzey (Fremantle Arts Centre Press, 1985) (co-author, C Koch)
 
    Essays
  Collage: Recollections and Images of UWA (Fremantle Arts Centre Press, 1987) Offcuts From a Legal Literary Life (UWA Press, 1993)
 
   Short Stories
  The Hat on the Letter 'O'and Other Stories (Fremantle Arts Centre, 1978; revised 1988)
 
  JOHN Rodrick McKECHNIE
The first Director of Public Prosecutions for Western Australia from December 1991 to 1at March 1999
A Justice in the Supreme Court of Western Australia from 1999-2015
The Commissioner of the Corruption and Crime Commission of Western Australia from 28th April 2015 and from 28th June 2021 - present (as at November, 2021)
 
    John Roderick McKechnie, Western Australia's first Director of Public Prosecutions and a current justice of the State Supreme Court, was born in Perth on 1 November 1950. His father was a chartered engineer, his mother a housewife. He grew up in Perth, attending Dalkeith State School from 1956 to 1962. He was a member of the Pelican Point Sea Scouts, and spent his weekends sailing and rowing on the Swan River.
  In 1963 McKechnie enrolled at Scotch College. He was a shy teenager, and to overcome this he joined the public speaking and debating clubs at Scotch, developing skills that would later serve him as an advocate.
    While at Scotch College, McKechnie tried his hand at a number of other activities, including rugby and rowing. His secondary education was, however, overshadowed by the death of his older brother in 1963. McKechnie is certain that this death motivated him to try and compensate his parents for their loss. It gave him the drive to excel in his secondary and tertiary education. McKechnie feels that his dedication to his studies came not from any ingrained work ethic, but from a desire not to disappoint his parents.
  After graduating from Scotch College in 1967, McKechnie was undecided about whether to pursue a career in medicine or law. The turning point came when he spent some time with an American lawyer and his family in New York as part of a Rotary Club student exchange program. McKechnie remembers in particular that the American lawyer's passion for the law inspired him to pursue a career in it.
   McKechnie enrolled in the Faculty of Law at the University of Western Australia in 1969 and graduated in 1972. He did not undertake Honours or postgraduate studies, claiming that 'I didn't have the brainpower for that'.
  During his time at Law School, McKechnie was selected with former State ombudsman Murray Allen to represent the University at the Australian Law Students Association mooting competition in New Zealand. He was elected President of the Association in 1972.
   After graduation, McKechnie undertook articles with Jackson McDonald & Co in Perth. He was articled to David Charters1 and Paul Seaman.2 He regards the time he spent with them as invaluable. It was with Seaman that McKechnie honed his skills in trial process and litigation.
  During this period, McKechnie defended a man who had been charged with motor manslaughter. The Crown Prosecutor, Ron Davies, was apparently impressed by McKechnie's advocacy skills and three weeks later he was invited to join the Crown Law Department. He accepted.
    McKechnie's initial intention was to spend about five years with the Department before going to the bar. At some stage, however, he was seduced by the nature of the work and the quality of the people in the Department. He spent a great deal of time assisting the then Solicitor-General, Kevin Parker QC. McKechnie practised in a wide range of Crown Law work, including constitutional law, administrative law, personal injuries litigation and criminal matters. He appeared regularly in the Court of Criminal Appeal and the High Court.
  Towards the end of 1989, McKechnie took silk. He was 39 years old. A few months later he was appointed Crown Prosecutor. For the first time in his career, he was working solely in the criminal law field.
  In December 1991 McKechnie was appointed Western Australia's first Director of Public Prosecutions. He describes this role as a difficult but rewarding one. Of particular importance to McKechnie was maintaining both independence and accountability to the public.
He feels that anyone undertaking the role must command respect, but not popularity.
    During his eight-year term as DPP, his Department processed on average around 2 500 prosecutions a year. In 1992 it employed 20 counsel; by the end of his term in 1999, it employed over 50 counsel."
  McKechnie's contribution to the Western Australian legal system was formally recognised in 1999 when he was appointed a justice of the Supreme Court. He remembers feeling that it was an honour to be appointed to the Bench and, at the same time, an enormous responsibility. His new role as Supreme Court judge meant that he now had to consider matters from a different perspective.
  McKechnie maintains a number of pursuits outside the courtroom. He has coordinated and taught the Forensic Advocacy course at the University of Western Australia since 1987 and taught Criminal Law as avisiting Fellow in 1985-1 986. He is the Chair of the Articled Clerks Training Program and a Council Member of the Presbyterian Ladies College.
   McKechnie feels that it is 'desperately important' for lawyers to maintain a balance in their lives. He has seen too many lawyers unnecessarily sacrificing their personal lives in the interests of their career. McKechnie is critical of the attitude of those lawyers for whom family life, sport and other recreational activities are secondary to the law. He firmly believes that, apart from anything else, lawyers must have a broad range of experiences outside the law to draw upon if they wish to excel in that profession.
  McKechnie spends as much time as he can with his wife, Beth, and their five children. He particularly enjoys sailing his catamaran with them.
  McKechnie claims that he is a 'pretty unremarkable person'. However, his accomplishments as Western Australia's first Director of Public Prosecutions, Queen's Counsel and justice of the Supreme Court of Western Australia suggest that he is no ordinary lawyer.
 
The Hon. John Roderick McKechnie QC
john-roderick-mckecknie-qc_ph2
 
 
(Extracted from www.wikipedia.org in November 2021)
john-roderick-mckecknie-qc_ph3
 
 john-roderick-mckecknie-qc_ph2
john-roderick-mckecknie-qc_ph5
john-roderick-mckecknie-qc_ph5.jpg
Director of Public Prosecutions, Government of Western Australia
In office December 1991 – 1 March 1999
In office 2 March 1999 – 22 April 2015
Commissioner of the Corruption and Crime Commission
In office
28 June 2021 – present
28 April 2015 – 28 April 2020
Preceded by Roger Macknay QC

John Roderick McKechnie QC (born 1 November 1950) is the Commissioner of the Corruption and Crime Commission of Western Australia. He is a former Justice of the Supreme Court of Western Australia, the highest ranking court in the Australian State of Western Australia, and formerly served as the State's first Director of Public Prosecutions.

He attended Scotch College from 1963 until 1967, then graduated in law from the University of Western Australia in 1972. He then took articles with Jackson McDonald & Co, before joining the Crown Law Department. He became a Queens Counsel in 1989, and then in December 1991 was appointed by the Government of Western Australia as the state's first Director of Public Prosecutions. During his eight-year term in this role, the Department processed on average 2,500 prosecutions per year.

On 2 March 1999, he was sworn in as a justice of the Supreme Court of Western Australia.[1]

He retired from the Supreme Court on 22 April 2015 to take up an appointment as the Commissioner of the Corruption and Crime Commission.[2]

Corruption and Crime Commissioner

On 28 April 2015, McKechnie was first appointed as the Commissioner of the Corruption and Crime Commission for a five year term.[3][4] During his tenure, the Corruption and Crime Commission found that a State Parliamentarian had misused an electoral allowance.[5] McKechnie was involved in controversy following the expiration of his term as Commissioner on 25 April 2020, when his reappointment to the position was blocked by a bipartisan Parliamentary joint standing committee.[6][7] In June 2021, the Western Australian Parliament passed legislation reappointing McKechnie as Commissioner without requiring the agreement of the joint standing committee,[6] to take effect on 28 June 2021.[7]

References

  1.  Supreme Court of Western Australia (25 February 1999). "New Judge Sworn In (media release)". Retrieved 10 May 2007.
  2. ^ "Farewell to the Honourable Justice McKechnie" (PDF)SupremeCourt.wa.gov.au. 22 April 2015. Retrieved 13 December 2018.
  3. ^ "Supreme Court judge appointed to head WA corruption watchdog"ABC News. Australian Broadcasting Corporation. 1 April 2015. Retrieved 26 June 2021.
  4. ^ "Government appoints new CCC Commissioner"Media Statements. Government of Western Australia.
  5. ^ "Strippers, yachts and lunches with the 'Black Hand Gang' all part of MP's allowance 'abuse'"ABC News. Australian Broadcasting Corporation. 17 December 2019. Retrieved 26 June 2021.
  6. Jump up to:a b Hastie, Hamish (15 June 2021). "McKechnie's reappointment to CCC 'tainted' by efforts to get him there, opposition says"WAtoday. Nine Entertainment Co. Retrieved 26 June 2021.
  7. Jump up to:a b "John McKechnie QC reappointed CCC Commissioner"Media Statements. Government of Western Australia. Retrieved 26 June 2021.
The Judges of Western Australia: Part 2 
By Kate Offer
 
https://www.austlii.edu.au/au/journals/UWALawRw/1998/7.pdf
  In this, the second in our series of pen portraits of the judge5 of Western Az~stralia, Kate Offer provides short biographies of three Supreme Court justices: Des Heeizan, Tony Teinplerna~z and Christine Wheeler
  
  DESMOND Charles HEENAN
A Justice of the Supreme Court of Western Australia from 1995-2000
  
  Desmond Charles Heenan was born on 4 November 1930, the day that Phar Lap won the Melbourne Cup. He was born in Western Australia, as were his parents, although the Heenan family was originally from Ireland, arriving in Queensland in the 1850s. His Honour's grandfather came to Western Australia during the 1890s Goldrush and settled in Esperance, farming there, owning the Pier Hotel and eventually becoming mayor of the town. Justice Heenan's mother was a school teacher and his father was a hotel keeper who owned the now heritage-listed City Hotel in Perth. Two of Justice Heenan's uncles were lawyers - Neville, who fought in France in World War I and was awarded the Military Cross, and Eric, father of Eric Heenan QC. Eric Heenan Snr married Joan McKenna, one of the first women practitioners in this State, and both of them practised as partners of the firm EM Heenan & Co in Kalgoorlie and later in Perth.
 
Justice Heenan was educated at St Louis Jesuit School, the predecessor to John XXIIl College. He graduated from the University of Western Australia with a Bachelor of Laws in 1953 and completed a Bachelor ofArts degree in 1956. majoring in Latin and Ancient History. He articled at EM Heenan & Co, at first receiving £1 per week which he supplemented by earning f 12 per week as a square dance caller. Justice Heenan became a partner of the firm soon after his admission to practice and remained a principal until 1967. EM Heenan & Co was then a small firm and the judge practised in many areas including criminal, family and commercial law. During his time with the firm, he acted for Eric Edgar Cooke, the last man to hang in Western Australia, junioring Ken Hatfield QC in the trial for wilful murder.    
  In April 1967 he went to the Independent Bar and in March 1970 he was appointed a judge of the District Court. Justice Heenan was one of the original  four judges of that Court, together with Judges Good, Jones and Pidgeon. He became Chairman of the Court in 1982, the title later changing to Chief Judge. He was appointed a Justice of the Supreme Court in January 1995.
 
  His Honour finds it hard to say what it was that originally attracted him to life on the Bench although, like many other judges, he viewed such an appointment as the culmination of legal practice and the next step on from the Bar. He enjoys writing judgments, at least once the first draft is completed, and says that the Irish in him finds people fascinating and for that reason he particularly enjoys presiding over criminal cases. He concedes that some of the work can be tedious. He also finds it frustrating that in criminal matters there is little that he can do to change the underlying factors which have led to the offending.  
 
  Justice Heenan nominates two of the States longest-running trials over which he presided as a District Court judge as highlights of his career - the four and a half month long Fremantle Prison riot trial and the Laurie Connell horse race-fixing trial, although the Connell trial he says was a test of endurance as much as anything else. The judge was impressed by the patience shown by the accused during the Prison riot trial. The length of the trial gave him more than the usual opportunity to get to know the people he would eventually sentence.  
 
  Justice Heenan admires former Supreme Court Justice John Hale who he says spoke'cooly, slowly and not often'. His Honour particularly admired the precision of his judgments and his strict yet considerate court-room manner. Justice Heenan believes that such a manner is appreciated by the community as well as the people involved in the case itself.
 
  Justice Heenan is President of the Guardianship and Administration Board. He served as Chairman of the Board of the St John of God Hospital, Subiaco, from 1978 to 199 1. He is a member of the Peppermint Grove Tennis Club and the Weld Club and enjoys following Australian Rules football, gardening and swimming.
 
TONY John TEMPLEMAN
A Justice of the Supreme Court of Western Australia from 1996 to 2009 
 
  Anthony John Templeman was born in London, England, on 15 December 1943. His mother was a secretary before manying and his father was a coal merchant at the Old Oak Coal Company in London. The company had been started by his Honour's grandfather, Herbert William Templeman, after World War I. Herbert Templeman broke with family tradition in starting the company as members of the Templeman family, who are from the village of Whitelackington in Somerset, were for many generations the local blacksmiths.
 
  Justice Templeman was educated at Latymer Upper School, London, going on to Sheffield University where he completed a degree in Technical Science.
 
  Afterwards he commenced employment as a chemical engineer. In 1968, his employer, BP, brought him to Perth as a 'troubleshooter' at the Kwinana plant. During his time in Perth Justice Templeman developed an interest in legal matters and he subsequently decided to embark on a career in law. Upon his return to England in 197 1 he entered King's College London where he studied law for two years before reading for the Bar Finals. He was called to the Bar in 1974 as a member of Lincoln's Inn and practised at the Chancery Bar until 1979. His Honour and his family then returned to Perth where he began working at Mallesons Stephen Jaques (then Stone James & Co), becoming a partner in the firm in 1982  
   
    Justice Templeman joined the Independent Bar in 1983 and took Silk in 1987. His Honour practised in virtually every civil law field, but with a particular emphasis on commercial and company law matters. He also gained admission to practise in the Australian Capital Territory and New South Wales.
 
     Justice Templeman was a Commissioner of the Supreme Court of Western Australia for a total of two months in 1989 and 1990. In 1991 and 1992, he acted as senior counsel assisting the Royal Commission into the Commercial Activities of Government ('WA Inc'). At the conclusion of the Royal Commission, he and his family returned to England and his Honour rejoined his old chambers in London. He returned to Perth to take up an appointment to the bench of the Western Australian Supreme Court in October 1996.
 
  Justice Templeman had a total of twenty two years in practice before his appointment to the Supreme Court at the age of 52. He considers his appointment to be the highlight of his career. The judge enjoys the working atmosphere of the Supreme Court and, like many of his judicial colleagues, he enjoys the objective role of a judge which differs from the more partisan approach required of a barrister. He finds resolving factual disputes and getting to the truth of a matter fascinating although it is not always possible to determine exactly what has transpired in a given situation. He feels that the adversarial nature of the legal system sometimes inhibits the disclosure of the whole truth.
 
  His Honour is the nephew of Lord Templeman who was a High Court judge and later a Lord of Appeal in Ordinary. The judge admires his uncle greatly both professionally and personally. He benefited from his uncle's support and interest when he decided to embark on a career in the law and describes Lord Templeman as a man of cornpassion and courage who has a strong sense of justice.
 
  Tony Templeman was a member of the Western Australian Barristers Board from 1987 to 199 1, Chairman of the Courts Federal Committee of the Law Council of Australia from 1987 to 1989, President of the Western Australian Bar Association from 1988 to 1990 and Chancellor of the Anglican Diocese of Perth from 1990 to 1992. He enjoys watercolour painting and spends much of his spare time doing carpentry, bricklaying and making home improvements.
 
  CHRISTINE Ann WHEELER  AO
A Justice of the Supreme Court of Western Australia from 1996 to 2010
Christine Wheeler admitted as a solicitor in 1980
Christine Wheeler admitted as a solicitor in 1980.jpg
 
Former Supreme Court judge Christine Wheeler QC says prison does not deter crime
Former Supreme Court judge Christine Wheeler QC says prison does not deter crime

 CHRISTINE Ann WHEELER  AO was the First female Justice of the Supreme Court of Western Australia

  • Admitted as a legal practitioner 1980
  • First woman appointed QC in Western Australia 1994
  • First female Justice of the Supreme Court of Western Australia 1996-2004
  • Justice of the Court of Appeal 2004-2010
  • Pro-Chancellor of the University of Western Australia 2001-2005
 
  Christine Wheeler was born in Sydney on 16 January 1954. Her father was a school teacher and her mother a secretary. Both parents were born in Australia. Although no one in the judge's family practised law, her grandfather served as an associate to a High Court judge following his retirement from the navy.
  
    Educated at Kent Street Senior High School and the University of Western Australia, Justice Wheeler completed a Bachelor of Jurisprudence with Honours in 1975. Shortly thereafter she became the professional assistant to the then SolicitorGeneral, Sir Ronald Wilson. After two years in that position she left for London to study for a Master of Laws, which she attained with distinct
  Her Honour articled at the Crown Law Department and worked as a legal ofticer there until her promotion to assistant Crown Solicitor and head of the Policy and Law Reform Unit in 1984. This position involved opinion and advisory  work relating to proposals for law refonn as well as a great deal of constitutional law work. In 1988, she became senior assistant Crown Counsel appearing principally in the High Court and also in the Federal and Supreme Courts. Her Honour's main area of practice was in constitutional and administrative law, but she was also involved in a wide range of criminal and civil law work from time to time. She continued to practise in the constitutional and administrative law areas after she joined the Independent Bar in May 1994, as well as accepting briefs in the commercial and criminal law field. She was appointed a Queen's Counsel later that year, making her the first female in this State to take Silk. 
  Justice Wheeler became a Supreme Court judge in October 1996 when she was 42 years old. This makes her one of the youngest judges of the Supreme Court, not to mention the first female ever to be appointed to the role in Western Australia. At her welcome to the Supreme Court she said that she hoped the appointment of a female judge might enrich the law, not only because of the different perspective a woman might bring to the court, but also because she believes the appointment of women makes it harder for the courts to be dismissed as unrepresentative. Prior to her appointment, her Honour had served as a Commissioner of both the Supreme and District Courts and as a Judicial Registrar of the Industrial Court of Australia.
   Justice Wheeler considers her appoinment to the bench to be the highlight of her career. She enjoys her judicial role as she finds it interesting to be deciding cases rather than presenting them. However, she often finds presiding over criminal cases frustrating, and is concerned that some of our rules of evidence, such as hearsay. do not do justice to the intelligence and common sense of people on juries. She feels such rules unnecessarily restrict the ability of witnesses to tell their stories sensibly. She shares the concern of her fellow justices about the constant workload that comes with the role, but she appreciates that the relatively steady nature of the work gives her more scope to plan her family life.
 
  Justice Wheeler admires both Sir Ronald Wilson, her former boss, and Sir Gerard Brennan for their intellectual honesty and Justice Mary Gaudron for the way she has encouraged other women in the law. She also has high regard for two local District Court judges - Chief Judge Kevin Hammond for his patient and unfailingly polite court-room manner and Judge Antoinette Kennedy, the first female judge in this State. Justice Wheeler believes that Judge Kennedy had to put up with an enormous amount of scrutiny when she was initially appointed.
  Her Honour is a member of the Senate of the University of Western Australia and was previously President of the Fremantle Society, a group concerned with heritage issues in the Fremantle area. She was President of the Society of Women Lawyers of Western Australia for four years and has served on a number of Law Society committees. In her free time, Justice Wheeler enjoys bushwalking, canoeing and spending time with her family.
 
From www,wikipedia.org as at November 2021
 
The Honourable Christine Ann Wheeler AOQC, (born 16 January 1954 in Sydney)[1] is a former judge in the Supreme Court of Western Australia, from 1996 to 2005.[2] From 2005 to 2010, she was an inaugural judge of the Court of Appeal. She retired from the Supreme Court on 25 February 2010.[3]

Early life and education

Wheeler was educated at Kent Street Senior High School in Perth, and graduated from the University of Western Australia in 1975 with a Bachelor of Jurisprudence. She studied for a Master of Laws at the London School of Economics, before returning to Perth to complete her Bachelor of Laws in 1980.[1][4]

Career

She served as an Assistant Crown Solicitor from 1984 to 1988, heading the Policy and Law Reform Unit. From 1988 to 1994 she held the positions of Senior Assistant Crown Solicitor and Senior Assistant Crown Counsel.[5] In 1994 Wheeler was a part-time Judicial Registrar of the Industrial Relations Court of Australia.

She took silk in 1994, becoming the first woman in Western Australia to be appointed as a Queen's Counsel. She sat as a Commissioner in the District and Supreme Courts of Western Australia in 1995 and 1996.

Supreme Court

Wheeler was appointed to the bench on 30 October 1996, becoming the first female Justice of the Supreme Court of Western Australia.

In 2003 Justice Wheeler was one of the three judges of the Court of Criminal Appeal of the Supreme Court of Western Australia who took just ten days to reject the appeal of Andrew Mallard, who had been convicted of murder.[6] In 2005 the High Court of Australia set aside this decision.[7]

In 2005 Justice Wheeler was made a judge in the Supreme Court's Appellate Court.[2]

Outside law, Wheeler was Pro-Chancellor of the University of Western Australia from 2001 to 2005.

She was made an Officer of the Order of Australia in the 2013 Australia Day Honours.

See also

First women lawyers around the world

 

References

  1.  Offer, Kate. "The Judges of Western Australia: Part II" (PDF). (1998) 27 University of Western Australia Law Review 248.
  2. Jump up to:a b "The Hon. Justice Christine Ann Wheeler"Supreme Court of W.A. Retrieved 9 March 2009.
  3. ^ Farewell to the Honourable Justice Wheeler, Supreme Court of Western Australia, 25 February 2010.
  4. ^ "Christine Wheeler (1980)"University of Western Australia Faculty of Law. Retrieved 20 June 2012.
  5. ^ Wallace, Anne (editor) (November 2003). "Christine Wheeler" (PDF)AIJA News16 (3). Archived from the original (PDF) on 1 March 2011.
  6. ^ Taylor, Robert (12 October 2006). "Mallard case rocks WA justice"The West Australian. Retrieved 1 April 2009.[dead link]
  7. ^ Mallard v the Queen [2005] HCA 68, (2005) 224 CLR 125 (15 November 2005), High Court.

Law School

Kevin Horace Parker (1959)

Judge of the International Criminal Tribunal

Admitted as a legal practitioner 1960

QC 1977

Solicitor-General for Western Australia 1979-1994

Justice of the Supreme Court of Western Australia 1994-2003

Judge of the International Criminal Tribunal for the former Yugoslavia 2003-2011

Vice-President of the International Criminal Tribunal 2005-2008

https://www.law.uwa.edu.au/alumni/graduates/1950s/parker

  SUPREME COURT OF WESTERN AUSTRALIA 
Stirling Gardens Barrack Street Perth WA 6000
  
https://www.supremecourt.wa.gov.au/_files/Media_Alert_27_November_2003_Farewell.pdf
 
MEDIA  ALERT  27 November 2003 
Farewell sitting for Justice Kevin Parker
The Full Court of the Supreme Court of Western Australia will hold a special sitting on Monday, 1 December, 2003, to formally farewell the Hon Justice Kevin Parker AO RFD who has resigned from the WA Bench. Justice Parker has been appointed as a permanent judge to the International Criminal Tribunal for the former Yugoslavia. He takes up his appointment, based in The Hague, on 4 December. The United Nations tribunal was established 10 years ago in response to serious violations of international humanitarian law. Justice Parker was appointed to the Supreme Court of Western Australia in December 1994, after serving as the Solicitor General from 1979 to 1994. Court proceedings to farewell Justice Anderson will start at 9.30am in Courtroom 1 at the Supreme Court building, Stirling Gardens. Cameras will be permitted in the Court to film the proceedings but should be set up by 9.15am. Sound can be used, but no lighting is permitted. Please note that television cameras cannot be moved once proceedings begin.
 Media Contact: Val Buchanan Public Information Officer for the Courts
 Tel: 9421 5303 Pager: 9324 4319  
 
  SUPREME COURT OF WESTERN AUSTRALIA 
Stirling Gardens Barrack Street Perth WA 6000
  MEDIA ALERT 14 November 2003
 
 
Appointment of Justice Parker to International Criminal Tribunal Western Australia’s Chief Justice, the Hon David K. Malcolm AC, today warmly welcomed the announcement that Supreme Court Judge Kevin Parker AO RFD has been appointed to the International Criminal Tribunal for the former Yugoslavia. 
 
The Chief Justice said that Justice Parker, who was nominated for the position of permanent judge on the Tribunal by the Prime Minister, Mr Howard, would be greatly missed by the Western Australian Supreme Court. “Justice Parker has made a significant and highly-valued contribution to the justice system in our State, firstly as Solicitor General from 1979 to 1994, and then as a judge of our Court since 1994,” the Chief Justice said. 
“To all who know him, Justice Parker is held in the highest of esteem for his wisdom, compassion, common sense, legal skills, and his vast knowledge of the law. 
“We shall sorely miss those attributes on the WA Bench, but know that those traits will be put to great use in a difficult but extremely important jurisdiction.” 
The International Criminal Tribunal for the former Yugoslavia, which is based in the Hague, consists of 16 permanent judges who are elected by the General Assembly of the United Nations. In addition, a further nine temporary judges may be appointed at any one time. Justice Parker will be the third Australian to hold an appointment to the Tribunal, following on from Sir Ninian Stephen and His Excellency the Hon David Hunt. Justice Parker will take up his appointment on 4 December. Note: Justice Parker is not available for any interviews, however, a brief statement is attached. Statement by the Hon Justice Kevin Parker AO RFD It is a great honour to have been appointed as a permanent judge of the International Criminal Tribunal for the former Yugoslavia. It is also a surprise. I had not sought or expected the appointment. It was not an easy decision for my wife Joan and me to leave our family and friends in Western Australia to live in The Hague, in The Netherlands, or for me to leave the Supreme Court of Western Australia. I accept that it will be a challenging appointment, but it is an important task that needs to be done. The Tribunal has a vital role to perform in helping to maintain order in the international community and bringing justice to the people of the former Yugoslavia.
 It was established 10 years ago in response to the serious violations of international humanitarian law committed in that country The two highly distinguished Australian judges who have previously served on the Tribunal have set an impressive standard. It will be a daunting task to try to live up to their example. I take up my appointment on 4 December and expect to commence sitting within a few days 
 
Media Contact: Val Buchanan Public Information Officer for the Courts
 9421 5303 or pager 9324 4319  
 

United Nations A/59/439* 
General Assembly Distr.: General 
10 December 2004 
English 
Original: English/French/Spanish 
Fifty-ninth session 
Agenda item 18 
Election of judges of the International Tribunal for 
the Prosecution of Persons Responsible for Serious 
Violations of International Humanitarian Law 
Committed in the Territory of the Former 
Yugoslavia since 1991 
Curricula vitae of candidates nominated by States Members 
of the United Nations 
Note by the Secretary-General 
Contents 
Paragraphs 
I. Introduction .................. 
11. Curricula vitae . .................. 
Carmel A Agiiw (Malta) 
Jean-Claude Antonetti (France) . ... 
Iain Bonomy (United Kingdom of Great Britain and Northern Ireland). .............. 
Liu Daqun (China) ................... 
Mohamed Amin El-Abbassi El Mahdi (Egypt) ............................. 
Elhagi Abdulkader Emberesh (Libyan Arab Jamahiriya) ........................... 
0-gon Kwon (Republic of Korea) 
Theodor Meron (United States of America) 
Bakone Melema Moloto (South Africa). .... 
Rigobcrto Espinal lrias (Honduras ..............................
 
..............................
Prisca Matimba Nyambe (Zambia) ................ 
 
... ... 
* Keissued for technical reasons. 
04-S1069'(E) 031104 IS1204 
I11111 Ill 1111 111111111 11111 11111 I111 1111
 
Alphonsus Martinus Maria Orie (Netherlands). . . . . . . . 
 
Kevin Horace Parker (Australia) . . . . . . . . . . 
Fausto Pocar (Italy). . ....................................... 
Sharada Prdsad Pandit (Nepal). . . . . 
Yenyi Olungu (Democratic Republic of the Congo). . . . . . . . 
........... 
Vonimbolana Rasoazanany (Madagascar) . . . . . . . . 
Patrick Lipton Robinson (Jnmnion) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 
Wolfgang Schomburg (Germany) ....................... 
Christine Van den Wyngaert (Belgium) 
Mnhamed Shahahuddeen(~uyana) ............................................ 
.............................. 
Volodymyr A. Vassylenko (Ukrain)
 
 
I. Introduction 
 
The Secretary-General has the honour to submit to the General Assembly the 
curricula vitae of the candidates nominated by States Members of the United Nations for the election of permanent judges of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1 January 1991. The names of the candidates nominated for the election and the  voting procedures to be followed in the Assembly are set out in a memorandum by  the Secretary-General. 

Kevin Horace Parker (Australia) 
Year of birth: 1937 
Place of birth: Kalgoorlie, Western Australia 
Nationality: Australian 
 
Legal experience 
 
December 2003-present Permanent Judge, International Criminal Tribunal 
for the former Yugoslavia. Judge Parker is presently the presiding judge in the trial of Yugoslav Army (JNA) General Pavle Strugar charged in respect of the shelling of Dubrovnik in December 1991 as the highest commander of JNA forces in the region. Judge Parker will next preside over the trial of three commanders of the Kosovo Liberation Army charged in respect of the treatment of Serbian civilians in a prison in Kosovo. 
 
Judge Parker is also engaged in the pretrial preparation of several other cases and is active as a member of the 
Rules and Sentencing Committees of the ICTY. 
 
1994-2003 
1959-1997 
1979-1984 
Judge, Supreme Court of Western Australia. The Supreme Court deals with the most serious criminal offences at trial level and exercises full appellate jurisdiction over all other courts in Western Australia. 
Judge Parker sat mostly as an appeal judge in complex criminal and civil appeals at the time of his appointment 
to the ICTY. 
Officer in the Citizen Air Force and Specialist Legal Reserve of the Australian Defence Force. Judge Parker reached the rank of Air Commodore, equivalent to a one-star General. From 1985 until 1997, Judge Parker performed the function of Keviewing Judge Advocate of the Australian Defence Force. From 1977, Judge Parker served as a Judge Advocate in the Legal Specialist Reserve, performing this judicial function at Courts Martial within Australia and overseas. Until 1977, he appeared as a prosecuting or defending officer before Courts Martial. Judge Parker provided legal advice to command authorities on military and other law, and trained Defence Force personnel in their international legal obligations. 
 
Solicitor-General of Western Australia. Judge Parker appeared regularly before the High Court of Australia to argue complex criminal appeals, constitutional cases and other public law cases in which Western Australia was involved. 
 
 
1977 Appointed a Queen’s Counsel 
1972-1 974 
1967-1971 
1960 
Chief Crown Prosecutor of Western Australia 
Senior Assistant Prosecutor of Western Australia 
 
Admitted as a legal practitioner 
1959 Graduated with a Bachelor of Laws, University of Western Australia 
 
Other international experience 
1982-1995 Member, Australian delegation which negotiated 
maritime boundaries between Australia and Indonesia 
1992 Member, Australian delegation to the United Nations 
Commission on International Trade Law, Vienna 1982, 1988 Legal Adviser, Australian delegation to the United Nations Commission on the Law of the Sea, New York and Kingston 
Professional associations and memberships 1983-2003 Member, Australian Law Admissions Consultative 
Committee. The Committee established standards for all university law courses and practical legal training courses in Australia. Judge Parker also lectured in criminal law, evidence, constitutional law and ethics of legal practice at the University of Western Australia 
1992-1995 
1979-1992 
1982-1988 
1977- 1979 
1972-1979 
Awards and honours 
1989 
Chairman, Legal Practitioners’ Disciplinary Tribunal of Western Australia 
Chairman, Barristers’ Board of Western Australia 
Member, Council of the Australian Institute of Judicial Administarion 
Convenor, Privacy Law Committee, Law Council of Sustralia Member, Council of the Law Society of Western Australia. From 1975, Judge Parker chaired the committee of the Society which conducted continuing legal education for lawyers in Western Australia Officer of the Order of Australia. Judge Parker was awarded one of Australia’s highest honours, principally in recognition of his contribution to law reform in Australia. From 1979, he was a leading figure in the process which led to the enactment of the Australia Acts 
1986 which severed the final links between the Australian and United Kingdom legal systems. In 1983, 
 
P.65
 
Judge Parker proposed a scheme to overcome jurisdictional barriers between different courts in Australia which led to the enactment of the Jurisdiction of Courts (Cross Vesting) Act 1987 in all Australian
 
 
 Outrage over WA  Supreme Couty Justice  Kevin Horace Parker's comments on boy's death

https://www.abc.net.au/am/stories/s42613.htm

AM Archive - Tuesday, 10 August , 1999  

Reporter: Lisa Stingel

COMPERE: In Western Australia, outrage has erupted over the comments made by a Supreme Court judge in sentencing a child murderer. Last year 14-year-old James Godden was tortured and killed by a young couple if bushland near Perth. In sentencing one of the killers, Justice Kevin Parker stunned the court when he said James "could have suffered a far worse fate". Lisa Stingel reports:

LISA STINGEL: On Father's Day 1997, 14-year-old James Godden was riding his trail bike in bushland. His body was found three days later in a creek bed. The Supreme Court was told James had suffered an agonising death over a prolonged period at the hands of Richard Leatch and his fiance, Tammie Sherratt.

In sentencing Leatch, Justice Kevin Parker pointed to the anguish and terror which must have been felt by James, but added that he could have suffered a far worse fate. Those comments have prompted an angry response.

The State Opposition's Justice spokesman Jim McGinty:

JIM MCGINTY: I find it hard to try and imagine a worse murder than that of an innocent 14-year-old who was tortured sadistically and then murdered in diabolical circumstances. And for the judge to say that the victim could have faced a far worse fate, I just find unbelievable.

LISA STINGEL: What do you think the judge meant when he said that James Godden could have suffered a worse fate?

JIM MCGINTY: I've got no idea what the judge meant. But for me it's very hard to try and imagine what those circumstances might be. No 14-year-old riding his trail bike in completely innocent circumstances could have possibly expected to be confronted with what James Godden confronted. The story that was told to the court was absolutely harrowing.

LISA STINGEL: The couple who murdered James Godden were armed with a sword and a tomahawk. A rope was tied around the teenager's neck, he was strangled and his heart was torn when one of his killers trod on his back. The court was told his torment was prolonged, and the motivation was the couple wanted to steal his trail bike.

Despite the torture, Justice Parker said there could have been circumstances which could have made James's death far more harrowing, and at least he was spared some of those possibilities.

Labor's Jim McGinty says the community has a right to be upset by the comments. But he's concerned there could be demands for tougher sentencing.

JIM MCGINTY: Judges are often criticised for being out of touch with thinking in the community. That makes the job of legislators so much harder when dealing with the often cries of the community for ever tougher penalties. I think that judges in some occasions bring it on themselves, and I think that that's unfortunate and I think this comment will go down as one of those comments from a judge that really do not help the cause.

COMPERE: Jim McGinty, Labor's Justice spokesman in Western Australia.

Jistice_KEVIN_HORACE_PARKER_Ph1

KEVIN HORACE PARKER'S lenient sentences for what has been dubbed the Vukovar Trio has incensed many in Croatia, but also international war crimes experts and the Hague prosecution

Kevin_Horace_Parker_Ph3

On 8 December 2003 Parker was sworn in as a judge of the International Criminal Tribunal for the former Yugoslavia. After David Hunt and Ninian Stephen, he is the third Australian judge at the Hague tribunal. Parker's colleagues at the Supreme Court of Western Australia said their farewells to him in mid November of 2003. He was at the time not accessible to the media. He made a short announcement in which he stated that it would be tough for him to be separated from his family and wife Joan. At a special session open to the press, David Malcolm, the President of the Supreme Court, said that Parker had made a significant contribution to the legal system in Western Australia. Among other things, he said that he was esteemed for his wisdom, common sense, legal skill and excellent knowledge of the law.

Some of the lawyers who have met Parker in the Hague's trial chambers are not impressed by him. They say that he often comments the proposals of counsellors for the defence and prosecution with a measure of irony and sarcasm, which they do not appreciate, as they feel that judges should refrain from those kinds of comments. And while that may not say much about Parker's qualities as a judge, it is hard to rid oneself of the impression that few in Croatia would these days agree with the choice of words David Malcolm, the head of the Supreme Court of Western Australia, has graced Parker,

http://arhiva.nacional.hr/en/clanak/38490/kevin-parker-the-judge-who-freed-the-villains-of-vukovar

EPILOGUE TO THE TRIAL OF THE OVCARA EXECUTIONERS

Kevin_Horace_Parker_Ph2

Judge Kevin Horace Parker –

The judge who freed the villains of Vukovar

Case No. IT-01-45-I - BEFORE A JUDGE OF THE TRIBUNAL-  Judge Kevin Parker
 
  BEFORE A JUDGE OF THE TRIBUNAL 
Before: Judge Kevin Parker 
Registrar: Mr Hans Holthuis 
Date Filed: 8 March 2004 
THE PROSECUTOR v. Ante GOTOVINA  
 
http://haguejusticeportal.net/Docs/Court%20Documents/ICTY/Gotovina_Order_lifting_seal_Indictment_EN.pdf
 
  ORDER LIFTING THE SEAL ON THE AMENDED INDICTMENT, DECISION ON LEAVE TO AMEND INDICTMENT AND ON CONFIRMATION OF AMENDED INDICTMENT AND ORDER FOR NON DISCLOSURE, AND WARRANT OF ARREST
The Office of the Prosecutor: 
Ms Carla Del Ponte 
Mr. Graham Blewitt 
 
  I, Kevin Parker, Judge of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (“International Tribunal”);
 
BEING SEIZED of the Prosecutor’s Motion to Lift the Seal on the Indictment, Decision on Leave to Amend Indictment and on Confirmation of Amended Indictment and Order for Non Disclosure (Decision and Order”), and Warrant of Arrest pursuant to Rules 53 and 54 of the Rules of Procedure and Evidence ("Rules"); 
 
HAVING REVIEWED and CONSIDERED the Prosecutor’s Motion and reasons for lifting the seal of the Indictment, Decision and Order, and Warrant; 
     
  AND FINDING that because the two accused in a separate but related indictment, Prosecutor v. Ivan ^ERMAK and Mladen MARKA^, IT-03-73-I, in which Ante GOTOVINA is named as a co-perpetrator in a joint criminal enterprise, are in protective custody in Croatia and this fact is now in the public domain, it is likely that Ante GOTOVINA will be aware that he has been charged in an Amended Indictment with participating in a joint criminal enterprise with these two accused. I also find that the fact that Ante GOTOVINA is a fugitive on an existing warrant is widely known and reported. Therefore, no valid purpose is served in keeping the documents sealed, and the interests of justice are new best served by making the documents public in order to facilitate the arrest or surrender of Ante GOTOVINA
 
  IT IS HEREBY ORDERED that: (a) In accordance with Rules 53 and 54, the Indictment, Decision and Order, and Warrant shall now be made public;
 
  (b) Pursuant to Rule 53, the supporting material shall remain under seal to the public until further order.
Judge of the International Tribunal 
 
Dated this 8th day of March 2004 At The Hague, The Netherlands
 

Judge Kevin Horace Parker –

The judge who freed the villains of Vukovar

KEVIN HORACE PARKER'S lenient sentences for what has been dubbed the Vukovar Trio has incensed many in Croatia, but also international war crimes experts and the Hague prosecution

"I am aware that my appointment will be a challenge, but it at the same time represents a very important assignment that must be carried out. The Hague tribunal has a vital role in helping maintain order in the international community and in bringing justice to the people of the former Yugoslavia", said Kevin Horace Parker, when he learned on 14 November 2003 that he would become a permanent judge of the International Criminal Tribunal for the former Yugoslavia in the Hague. Not quite four years later, reading the initial verdict, for Mile Mrksic, Veselin Sljivancanin and Miroslav Radic, officers of the Yugoslav People's Army (JNA) indicted for war crimes in Vukovar, Kevin Horace Parker did not bring justice for Croatia and the families of the 264 victims who were, on 20 November 1991, tortured and executed by JNA-aided Serb insurgents.

Kevin Horace Parker has found himself in the centre of attention after he and his colleagues in the judicial council acquitted Miroslav Radic of charges of war crimes committed at Ovcara in Vukovar, sentenced Veselin Sljivancanin to only 5 years, and Mile Mrksic to 20 years in prison. This epilogue to the trials of the Vukovar executioners has angered and dismayed many in Croatia. Veteran's associations have organised a series of protests, and the HSP party has launched the signing of a petition for a referendum at which citizens would say whether Croatia should suspend the Constitutional Act on Cooperation with the Hague Tribunal.

Parker's ruling has also shocked Hague Chief Prosecutor Carla Del Ponte and her associates, who had sought life sentences for the accused, and they immediately announced their intention to appeal the ruling. Especially consternated was Clint Williamson, the US Ambassador for War Crimes, who was present at the reading of the verdict. Williamson served as a Hague prosecutor, led the investigation in Vukovar, oversaw the exhumations at Ovcara and prepared the initial indictments in this case. Williamson is now a high-ranking official in the US administration, and he had previously on several occasions made statements regarding his personal conviction in the strength of the evidence in this case. That is why it comes as no surprise that this ruling gave him cause for consternation.

The verdict read by Kevin Horace Parker revealed that the Hague Prosecution has made several cardinal mistakes in drafting the indictment, but it demonstrated above all that this Australian judge, together with Krister Thelin and Christine van den Wyngaert, his colleagues in the judicial council, did not manage to, or were not willing to understand the nature of the conflict in Vukovar and in Croatia during the Homeland War, nor the relationship between the JNA and the local paramilitary units, who acted in complete coordination in the ravaging of Croatia, and in the torture and killing of the surviving and captured defenders of Vukovar. Parker is reputed as being one of Australia's best judges. Krister Thelin is a Swedish judge who furthered his education at the US's prestigious Harvard University, and who served at the post of Sweden's deputy justice minister at the time of the Vukovar tragedy. In the 1990s he also worked in Bosnia & Herzegovina on setting up a post-Dayton regulatory agency and on the cooperation of first-instance courts in Bosnia & Herzegovina with the Stability Pact. Before coming to the Hague tribunal Christine van den Wyngaert taught criminal and criminal procedural law at the Belgian University in Antwerpen.

Many lawyers, domestic and international politicians, including Peter Galbraith, the former US Ambassador to Croatia, have told Nacional that the most disgraceful part of the controversial verdict is Parker's verdict of a 5-year prison term for Veselin Sljivancanin. Most say that a 5-year prison sentence can be handed down for a serious property-related crime, but by no means for a war crime, no matter how the judicial council endeavours to account for Sljivancanin's role in the events that took place in Vukovar.

In the introductory part of the reading of the verdicts for Mrksic, Sljivancanin and Radic, Parker pointed out that they were not on trial for the devastation and other atrocities that took place in Vukovar in 1991, but only for the tragedy that struck down 264 captured Croatians, which Serbian insurgents, abetted by the JNA, executed at Ovcara. Some parts of the verdict that Parker read to the accused are, for the public, at the very least contradictory and debatable.

This is how Parker explained why the claims of the Hague prosecution that the trio joined forces in a criminal undertaking do not stand: "In essence it is claimed that the three accused acted together to abuse and kill prisoners of war from Vukovar Hospital. There is no direct evidence that would corroborate such a claim, even though such a view could be suggested on the basis of an incomplete understanding of some of the events that took place on 20 and 21 November 1991 and on the basis of isolated parts of the evidence."
Parker sentenced Sljivancanin to 5 years in prison because he could have called for additional JNA troops at Ovcara, in order to protect the prisoners of war from torture and the abuses of paramilitary formations, which he did not do. Parker said that the murders were committed during the night after the JNA withdrew on Mile Mrksic's command, which exonerated Sljivancanin of any further responsibility for what was done to the prisoners afterwards.

In spite of this they consider Sljivancanin responsible for not securing additional protection for the prisoners while the JNA was present at Ovcara. Many of the prisoners died of wounds and injuries they received after being beaten by members of the paramilitary formations, from whom Sljivancanin's soldiers did not provide adequate protection. And although the number of prisoners of war who died this way can only be surmised, only a single death of this kind would be enough for a sentence greater than 5 years in prison. Some of the lawyers with whom Nacional spoke say that Sljivancanin was in effect acquitted, because he received a symbolic prison term, which he has on the day the ruling was handed down, almost entirely served in Hague detention. Some lawyers see Sljivancanin's sentence as a reflection of Parker's hypocrisy and his feigned ignorance of the real situation on the ground during the agony of Vukovar in 1991.

The judicial council presided by Parker did not believe the witnesses who implicated Miroslav Radic. In his rationale of the ruling, Parker said that two witnesses had provided quite different testimony that indicated that Radic was aware that the soldiers under his command had taken part in the torture and killing of prisoners of war at Ovcara. Parker also said that one witness had indicated that Radic was aware of the events at Ovcara. This is how Parker dismissed the testimony that implicated Radic: "The judicial council did not accept the first two witnesses as sincere, nor the third as trustworthy."

In the written verdict it will be explained why Parker and his colleagues do not believe that Radic knew of or had reason to know that soldiers under his command had committed crimes at Ovcara. Mile Mrksic received a prison sentence of 20 years, because Parker and his colleagues consider him responsible for the JNA's withdrawal from Ovcara, which opened the way for the murder of prisoners of war. Many at the Hague tribunal do not agree with the severity of the punishment, considering it overly lenient. Parker found grounds for it in the fact that a greater sentence could not have been handed down at the time in Croatia.

All of this gives additional justification to the vehement reactions in the Croatian public and national leadership that followed Parker's address to the accused. Parker has already in the rationale of the first-instance ruling coolly given a technical explanation of why Sljivancanin had minimal responsibility, and why Radic is completely innocent of the tragedy of those who fell at Ovcara. From what he said of Radic it almost appears as if Radic had found himself in Vukovar by mistake, and not of his own volition. None of the three indicted, however, were common soldiers, who could perhaps in their situation before the Hague tribunal say that they were on the front against their own will. They were professional soldiers, who considered the people of Vukovar and the defenders of Vukovar to be the destroyers of Yugoslavia, and that is why they acted in coordination with the paramilitary formations of the Serb insurgents in their crimes before and after the occupation of Vukovar.

This was very quickly after the tragedy at Ovcara confirmed by the affirmation of Croatian independence, and by a series of events in the contemporary political history of Croatia and of the countries that emerged with the dissolution of the former Yugoslavia. That is why it is hard to dismiss those who say that Kevin Horace Parker by his ruling, , in this case only fuelled those who say that the tribunal is subject to various political influences.

The verdict, for the murders at Ovcara was not the first of Parker's rulings that considerably exculpated those accused of the ravaging of Croatia during the Homeland War. Parker was also the judge in the trial of Pavle Strugar, who was in October of 1991 appointed commander of the 2nd operative group that the JNA had formed to lead the military campaign in the Dubrovnik area. Strugar faced 6 charges in the indictment drafted by the Hague prosecution. Strugar was in that trial on 31 January 2005 sentenced to 8 years in prison, but he received the sentence after Parker had dismissed those charges that accused Strugar of murder, brutality, destruction not warranted by military necessity and illegal attacks against civilian targets. There is no need to explain in detail the destruction of Dubrovnik, as the pictures of the destruction of the old town core had shocked the world. In spite of this, Parker did not consider the top JNA commander responsible for illegal attacks against civilian targets.

A truly strange perception of justice for one of the best judges in Australia. Kevin Horace Parker was born on 6 February 1937 in Kalgoorlie, Australia. He was educated at Perth Modern School and at the University of Western Australia. He graduated law in 1959. He started working as a lawyer a year later, and in 1977 he received the title of "Queen's Counsel". He became a judge of the Supreme Court of Western Australia in 1994. Parker served from 1967-71 as the senior assistant to the State Attorney of Western Australia, and subsequently as the Chief State Attorney of Western Australia from 1972-74. He was also active in international waters. On three occasions he worked as legal counsel and representative of the Australian states in the Australian delegation to the UN Commission for Maritime law. He was also a member of the Australian delegation to the UN Commission for international commercial law and a member of the Australian negotiation team in the talks on the maritime border between Australia and Indonesia (1985-95). In 1989 Parker was awarded the title of Officer of the Order of Australia in recognition of his role in the Australia Acts of the Commonwealth of Australia and the United Kingdom, and in the adoption of legislation on the jurisdiction of courts in the Commonwealth communities, states and territories of Australia.

On 8 December 2003 Parker was sworn in as a judge of the International Criminal Tribunal for the former Yugoslavia. After David Hunt and Ninian Stephen, he is the third Australian judge at the Hague tribunal. Parker's colleagues at the Supreme Court of Western Australia said their farewells to him in mid November of 2003. He was at the time not accessible to the media. He made a short announcement in which he stated that it would be tough for him to be separated from his family and wife Joan. At a special session open to the press, David Malcolm, the President of the Supreme Court, said that Parker had made a significant contribution to the legal system in Western Australia. Among other things, he said that he was esteemed for his wisdom, common sense, legal skill and excellent knowledge of the law.

Some of the lawyers who have met Parker in the Hague's trial chambers are not impressed by him. They say that he often comments the proposals of counsellors for the defence and prosecution with a measure of irony and sarcasm, which they do not appreciate, as they feel that judges should refrain from those kinds of comments. And while that may not say much about Parker's qualities as a judge, it is hard to rid oneself of the impression that few in Croatia would these days agree with the choice of words David Malcolm, the head of the Supreme Court of Western Australia, has graced Parker.

 A LENIENT SENTENCE FOR STRUGAR

Parker served as judge in the trial of Pavle Strugar, who commanded the JNA attack on Dubrovnik in 1991. He was charged with murder, brutality, attacks against civilians, devastation not justified by military necessity, illegal attacks against civilian targets, and the destruction or deliberate damaging of churches and monasteries, humanitarian, educational and scientific institutions, artistic and historical monuments and works of art and science. Parker dismissed the points of the indictment that charged Strugar with murder, brutality, devastation and illegal attacks against civilian targets, and sentenced him to eight years in prison.

 

 https://www.tportal.hr/vijesti/clanak/sljivancanin-to-serve-17-year-ovcara-sentence-in-slovakia-20091221

 

WAR CRIMES

Šljivančanin to serve 17-year Ovčara sentence in Slovakia

  • Autor: Radio.net
  • Zadnja izmjena 21.12.2009 

Retired Yugoslav Peoples' Army (JNA) major, Veselin Sljivancanin, convicted and sentenced to 17 years in prison for his involvement in the Ovčara massacre outside Vukovar following the fall of the city to JNA and Serb rebels in mid-November 1991, will be transferred during 2010 to Slovakia to serve his term in the Leopoldov penitentiary, the Belgrade media reported on Saturday
 
 

The ICTY trial chamber sentenced Sljivancanin for having killed the Croatian soldiers and civilians at Ovcara where they were brought from the Vukovar hospital to five years in prison, however, the appeals chamber ruled 17 years' imprisonment for the murder of 200 victims at Ovcara on 20 November 1991.

 
OGLAS
 

The other convict in the case labelled as the "Vukovar Troika", JNA officer Mile Mrksic was given 20 years.

The third defendant from the case, Miroslav Radic, also a JNA member, was acquitted.

 

The Hon Kevin Parker AC is a former Vice-President and Trial Chamber President of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague.

He will provide an insider’s view of International Criminal Courts and their problems from an Australian perspective.

Among others, he will look at the problem of National Sovereignty, its influence on the selection of Judges and the evidence and procedures used, and its consequences for the International Criminal Court and the enforcement of International Criminal Law. The Hon Kevin Parker AC was admitted as a Legal Practitioner in 1960. He was the Chief Crown Prosecutor in Western Australia from 1971-1974. He was appointed Queen’s Counsel in 1977 and was the Solicitor-General for Western Australia from 1979-1994. From 1994-2003, he was a Judge of the Supreme Court of Western Australia. From 2003-2011, he was a Permanent Judge of the UN War Crimes Tribunal (ICTY) in the Hague, Vice-President from 2005-2008 and Presiding Judge Trial Chamber II from 2008-2011. He was appointed an Officer of the Order of Australia in 1989, and Companion of the Order of Australia in 2008 for service to International Law. He was elected a Fellow of the Australian Academy of Law in 2013.

This is a free event.

Please RSVP by no later than Friday 17 June 2016.

The views expressed in this event are those of the presenter and do not necessarily represent the views of The Australian National University.

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Judicial Recommendation Report No 1 of 2019

https://www.wa.gov.au/government/publications/judicial-recommendation-report-no-1-of-2019

Decision
 
The Salaries and Allowances Tribunal has made its recommendation regarding the remuneration to be provided to members of the Judiciary

Report of the Salaries and Allowances Tribunal

Published 27 November 2019

Remuneration of Judges, District Court Judges, Masters of the Supreme Court, Magistrates and the Parliamentary Inspector of the Corruption and Crime Commission

Provided by Salaries and Allowances Tribunal

 

Contact

Address:
1 Parliament Place
WEST PERTH WA 6005
Telephone: 61 8 6557 7000
Fax: 61 8 6557 7099
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Part 1: Remuneration

This Part deals with the remuneration payable to members of the Judiciary

Part 1: Remuneration

1.1 Remuneration shall be payable at the following rates to Judges, Masters and Magistrates with effect from 1 July 2019.

1.2 The annual salary specified in this Part is inclusive of leave loading.

POSITION ANNUAL SALARY
Chief Justice $508,591
President of the Court of Appeal $476,012
Senior Puisne Judge $454,511
Senior Judge of the Court of Appeal $454,511
Puisne Judge $441,057
Senior Master of the Supreme Court $408,726
Master of the Supreme Court $396,951
Chief Judge District Court $441,057
Senior Judge District Court $408,726
Judge District Court $396,951
Chief Magistrate $396,951
Deputy Chief Magistrate $347,952
Principal Registrar/Magistrate Supreme Court * $347,952
Principal Registrar/Magistrate, Family Court * $347,952
Magistrates $327,484
Registrars/Magistrates Family Court * $327,484
Parliamentary Inspector, Corruption and Crime Commission $176,422

* These office holders hold commissions to be Magistrates while holding the offices of Registrar or Principal Registrar.

 

Part 2: Travelling and Accommodation Allowances

This Part deals with travelling and accommodation allowances payable to members of the Judiciary

Part 2: Travelling and Accommodation Allowance

2.1 When an overnight stay away from home is involved, a travelling and accommodation allowance (inclusive of accommodation, meals and incidentals) shall be payable in accordance with the relevant Australian Taxation Office reasonable benefit limit applicable from time to time and where accompanied by certification that the expense was appropriately incurred.

2.2 If reasonably and properly incurred travelling and accommodation expenses exceed the rate specified in 2.1, then actual costs should be reimbursed.  Receipts or vouchers must be provided in support of any claim for reimbursement in excess of the specified rate.

2.3 Claims for overnight stays in the Perth metropolitan area should be subject in each case to the approval of the relevant Chief Judicial Officer.

2.4 Part payment of travelling and accommodation allowances shall apply in the following circumstances:

  1. When the Judge, Master or Magistrate is accommodated in private, non-commercial accommodation, such as the home of a family member or friend, a rate of one third of the specified rate shall be payable.
  2. When the cost of commercial accommodation is met by an entity other than the Judge, Master or Magistrate, an allowance shall be payable in accordance with the relevant Australian Taxation Office reasonable benefit limit for meals and incidentals applicable from time to time and where accompanied by certification that the expense was appropriately incurred.
  3. When in the case of commercial accommodation referred to in 2.4.b above, the cost of a meal or meals is met by an entity other than the Judge, Master or Magistrate, the amount of travelling allowance shall be reduced by the relevant amount(s) referred to in the preceding paragraph.

Part 3: Motor Vehicles

This Part deals with the provision of motor vehicles to members of the Judiciary

Part 3: Motor Vehicles

3.1 The following arrangements apply or continue to apply, as the case may be, to each Judge, Master and full-time Magistrate for the provision of a fully maintained motor vehicle for business and private use.

3.2 All vehicles (being part of the Government-owned State Fleet) should be managed in accordance with the policies and conditions established and amended from time to time by the Department of Finance (the effective owner of the State Fleet).  Applicable terms and conditions are currently set out in the document "State Fleet - Agency General Agreement".

3.3 Selection of appropriate vehicles should be subject to consultation between the Department supporting the Courts administratively (as the "Agency" responsible for managing the leasing arrangements for vehicles provided to Judges, Masters and Magistrates) and the relevant Court.  Although the cost of the vehicles is centrally funded, as a consequence of it being a benefit recommended under the Salaries and Allowances Act 1975, the area remains an administrative responsibility of the Department to manage in a cost effective manner.

3.4 In providing for the use of a motor vehicle under this arrangement, the Tribunal requires that office holders and the Department of Justice will take account of the following principles established by the Tribunal.  The provision of a motor vehicle should:

  1. meet the operational conveyance needs of the judiciary;
  2. provide for adequate safety and security of judicial office holders;
  3. represent fair value and benefit;
  4. support of the efficient, effective and ethical use of State resources;
  5. be consistent with current principles of environmental sustainability, in particular, fuel efficiency and Government emissions targets;
  6. be commensurate with the status of judicial offices; and
  7. when private use of a vehicle is permitted, provide scope for personal preference in choice of motor vehicle consistent with the above principles.

3.5 For the purposes of determining the value of the motor vehicle lease relative to the value of the relevant benefit set out in this determination, the lease value shall be based on a whole of life lease over a minimum of two years/40,000 kilometres.  The lease value and term will be determined at the time of ordering the motor vehicle and will be inclusive of the cost of accessories.  No additional costs shall be incurred by the office holder as a result of fluctuations in lease costs during the specified term of the lease.

3.6 The notional lease value must include the lease cost, Fringe Benefits Tax (FBT) and all other operating costs based on the relevant figure of nominated kilometres to be travelled annually.  The formula to be adopted in valuing the motor vehicle is:

L + R + aD + FBT + I + LCT, where
L = Lease payments
R = Registration costs
a = Running cost per kilometre
D = nominated annual kilometres
FBT = Fringe Benefits Tax
I = Insurance
LCT = Luxury car tax

 

3.7 FBT is costed at applicable Australian Taxation Office rates.  FBT is costed at purchase price (including GST) x Statutory fraction x Gross up (2.0802) x FBT rate (0.470).

3.8 FBT Exempt Agencies:  Where an organisation is exempt from FBT in accordance with Commonwealth Government legislation, a notional amount equal to the standard FBT must be added to the cost of the benefit.

3.9 Motor vehicles leased for judicial office holders shall not be changed prior to the expiration of the lease unless it is for operational reasons approved by the relevant Chief Judicial Officer in consultation with the Department of Justice.

3.10 The Chief Justice is entitled to the provision of a vehicle to the notional value of $27,300 per annum.

3.11 Judges, Masters and the Chief Magistrate are entitled to the provision of a vehicle to the notional value of $26,900 per annum.

3.12 Magistrates are entitled to the provision of a vehicle to the notional value of $25,400 per annum.

3.13 Judges, Masters, and Magistrates may choose any vehicle and accessories in the Common Use Contract or an “off contract” vehicle and accessories available under Government leasing arrangements, the total cost of which does not exceed the maximum cost of accessing a motor vehicle benefit determined in this report.  When the total cost of the chosen vehicle and accessories exceeds the maximum cost of accessing a motor vehicle benefit determined in this report, the additional cost must be borne by the individual.  This includes the purchase cost of any accessories and the installation cost and removal costs if required before disposal of the vehicle.

3.14 The relevant Chief Judicial Officer, in consultation with the Department of Justice, may approve the reasonable additional cost of modifications to a motor vehicle that result in total vehicle costs higher than the notional lease values specified in Parts 3.10 to 3.12, when the modifications are required to:

  1. cater for a disability; or
  2. provide a reasonable level of vehicle safety for an officeholder who is based in a regional area and who requires the vehicle to undertake significant travel for work purposes.

3.15 In order to contain additional administrative costs associated with “off contract” leases, office holders may request cost quotations for not more than three vehicles outside the Government’s Common User Contract for motor vehicles, in the process of selecting a vehicle under this arrangement.

3.16 Vehicles with V8 engines are not included.  Turbo charged and super charged engines with a capacity greater than 3.0 litres are not included.

3.17 Each actual lease should be tailored to achieve the most cost-effective arrangement based on individual usage patterns.

3.18 Use of an off road vehicle must be substantiated by operational need and must be approved by the Chief Judicial Officer.  Off road vehicles shall be of a standard, the cost of which does not exceed the whole of life notional lease value of the Toyota Prado GXL Auto 3.0 litre Turbo Diesel fitted with “roo” bar (air bag compliant) or the relevant notional value specified in Parts 3.10 to 3.12, whichever is higher.  This includes the purchase cost of other essential accessories approved by the relevant Chief Judicial Officer.

3.19 For the Magistrate resident in Kununurra, use of the Government provided vehicle is permitted to and from the Northern Territory for periods of usage up to seven days under the same conditions as if the vehicle were in Western Australia.  Under the State Fleet – Agency General Agreement, office holders are required to seek approval from State Fleet for travel outside Western Australia for periods of seven days or more.

3.20 When a Magistrate is employed on a part time basis, a pro rata amount should be added to the remuneration in lieu of a motor vehicle.  For this purpose, the full value of the vehicle is assessed at $24,000 per annum. 

3.21 In the event an acting magistrate is employed for less than two years, a pro rata amount should be added to the remuneration in lieu of a motor vehicle.  For this purpose, the full value of the vehicle is assessed at $24,000 per annum.

3.22 In the event that an acting magistrate, at the time of their appointment to act, is already provided a vehicle through Government arrangements that are separate to this Report, then those arrangements may continue and the acting magistrate will receive the difference between the cost of that vehicle, less any contributions made by the acting magistrate, and $24,000 per annum.