Justice William Charles Crockett AO - Victorian Bar

Justice William Charles Crockett AO - Victorian Bar Justice William Charles Crockett AO - Victorian Bar

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ObituaryJustice William Charles Crockett AOEulogy for the Honourable WilliamCharles Crockett AO, delivered onThursday, 15 February 2007, by theHonourable Allan W. McDonald.THAT which I wish to say this afternoonis in honour of the HonourableWilliam Charles Crockett AO, whowas born on 16 April 1924 and died on 6February 2007, aged 82 years.Although during his life, Bill Crockett’swork involved him being seen in the publicarena in the application and the administrationof the law, he was a private man.He was proud of his work and his achievements,however he was a modest man. Hewas a wise man, an intellectual disciplinarian,a man who understood people: acompassionate man.On a number of occasions when I havesat in the pews of a church listening to aeulogy being delivered I have wondered ifin some way it is directed to the “Keeperof the Gate” to assist in the gaining ofentry for the deceased. That is not mypurpose. If Bill Crockett has elected tocross the “River” and I believe that hewould probably have made that election,and if he is still outside the “Gate” and Ibelieve that would not be the case I wouldnot dare to interrupt that which is beingsaid by one of the most articulate persuasiveand skilled advocates of the CommonLaw of Australia.Bill Crockett was the only child ofRussell and Winnie Crockett. Russelluntil 1929 conducted a men’s clothingshop in Horsham, but with the onset ofthe depression the business was lost. Thefamily moved to Williamstown where, atthe age of four, Crockett commencedhis education at the Williamstown StateSchool.The family life of the Crocketts wasa very frugal life. Bill’s mother had greatambitions for her son. She found work ina cake shop and earned sufficient moneyto send Bill, as a boarder, to The GeelongCollege for the last two years of his secondaryeducation.In 1939 and 1940 Crockett attendedthat school. In 1939 he won the U16 athleticchampionship. It should be notedthat in 1940 there were two other studentsat The Geelong College who laterjoined Bill on the Bench of the SupremeCourt of Victoria, Richard Fullagar andBarry Beach.I should add a footnote: when I joined20Justice William Charles Crockett AO.the Supreme Court in 1988 Crockettwas very proud of the fact that four oldGeelong Collegians were on the SupremeCourt Bench together. He insisted that thefour of us have a photograph taken in fullceremonial robes for the school archives.Having matriculated, and aged 16,Crockett commenced a law courseat Melbourne University. After beingawarded a number of exhibitions alongthe way he completed his Bachelor ofLaws degree in 1944, being awarded theSupreme Court Prize. He sat honoursexams in 1945 and attained the degreeof Master of Laws. Later in his life theUniversities of Melbourne and Monasheach conferred on Crockett the honorarydegree of Doctor of Laws.In the citation which was read on theoccasion of the conferring of that honorarydegree by the University of Melbourneit was said, inter alia, “It would be true tosay that his Honour has a been a modelSupreme Court Judge both at the triallevel and as an appellate Judge. He isquick, courteous and more often thanmost, correct.”On 10 April 1945 Bill joined the navyand then discharged on 28 November1946. He served as an able seaman onthe HMAS Barwon. On being dischargedCrockett returned to the law. He becamean articled law clerk to Stuart Brown inHorsham, living in a room at the RoyalHotel. On admission to practice on 1March 1948 the Order recites his addressas the Royal Hotel, Horsham, much to thedispleasure of his mother.Straight after being admitted topractice Crockett signed the Bar Roll.

Immediately his decisive mind, his intellectand his advocacy became apparentand he built up a very successful practice.In 1961 I had the great good fortune tobecome a reader in Bill’s chambers. I witnesseda man rising to the top of his profession.No matter how hard I tried I couldnever be in chambers of a morning earlierthan him. I saw how pleadings drawn byhim and opinions written were presentedto his secretary on large tape recordingwheels for her to type. The tape recorderwas about the size of a large car “fridge”.One reason he gave me when agreeingto take me as a reader was the fact thathe was soon to be leaving SelbourneChambers for chambers then being built,Owen Dixon Chambers. I never attendedthe conferences conducted by Crockettin Selbourne Chambers. His room was toosmall for me to be included when a solicitorand client were present.Crockett was too busy to spend timeon the decoration of his new chambers.He left that to his secretary. The Sundayhe moved chambers, I assisted him. Onseeing for the first time the red carpetthat his secretary had chosen, he utteredan expression I have never forgotten. Hesaid, “She has all her taste in her mouth.”In 1962 Crockett took silk. His servicesas a barrister were much in demand incivil and criminal work. He always seemedto be too busy as a trial lawyer to beengaged in appellate work. He appearedin Royal Commissions, an inquiry into amaritime disaster and an inquiry into anair crash in which some 24 passengers andthe crew were killed. He was retained bythe VRC stewards. When the security ofthe currency was seen to be challengedwith forged $10 notes being circulated, hewas called to lead for the prosecution afterthe first trial had resulted in an acquittal.The security of the currency was re-establishedwhen the prosecution was successful.Crockett treasured an exhibit fromthat trial which was displayed in a smallframe hung on the wall of his Chambers: aforged $10 note marked “Exhibit”.Having seen him in court I have alwaysheld the view that Crockett, together withsuch counsel as Tony Murray and AlecSouthwell, changed the form and style ofadvocacy before courts and particularlywhen addressing a jury. Histrionics putaside, and not resorted to, rather thepertinent issues were identified and analysed.When juries were addressed theywere addressed in a matter of fact mannerand in a language they could understand.Bill’s life away from the law involved hisfamily, racing and travel.Bill married Anne on 20 December1950. I note the time as being duringthe Bar’s long vacation. They had fourchildren — Rosemary, Peter, Robert andLouise. Bill loved his family dearly andwas proud of them. His heart was brokenwhen Louise died some 18 months ago. Iwill never forget him attending her funeralservice in a wheelchair racked by thetremors of Parkinson’s Disease and beingseverely battered in spirit. The burden hecarried in his heart was greatly increasedwith Anne’s death. During the last years ofhis life and after his retirement, Crockettsuffered extremely bad health. Rosemary,a nurse, put her personal life aside andassisted and cared for her young sisterand her parents. When Anne died shemoved into Bill’s apartment to care forhim. Had it not been for her, Bill couldnot have maintained his independenceand lived in his home. I am sure you joinme when I express our condolences toRosemary, Peter, Robert, Louise’s husbandAndrew, his daughters-in-law andhis grandchildren.As I said Bill’s recreation from the law,other than being a Collingwood footballsupporter, was horse racing. He was amember of the Moonee Valley RacingClub. He served on the Committee for14 years, the last 10 of which saw him asthe Vice-Chairman. He was involved inrebuilding the facilities for members andpatrons at the Moonee Valley track. Hisadvice and sound judgment was soughtand accepted by his Club and the racingindustry. Crockett, the Chairmanof the Moonee Valley Racing Club BillStutt, and the CEO Ian McEwan, weretogether responsible for the promotionand advancement of the “Cox Plate” asthe leading “weight for age” horse race inthe southern hemisphere. Bill was proudto have his work at his Club honoured andacknowledged by the “William CrockettStakes”. When Crockett was awarded therank of the Order of Australia in 1987, thecitation read “For service to the law andhorse riding”. The error he never soughtto correct but I am sure it could be said inpart that he did give service to horse ridingas part of horse racing.I must recount a story told to me byhis family. Anne enjoyed horse racing andenjoyed a punt. One day when she wasnot accompanying Bill to the track shegave him money to invest on a trifecta.He forgot to do this and on realising thathe ascertained the “pay out”. On returninghome Anne asked him if he made theinvestment. “Of course I did”, he replied.Anne had her doubts and Bill was facedwith a good cross-examiner. She askedhim to present the tote ticket. It was thenthat he conceded that he had forgotten tomake the bet. Anne refused to have Billpay her, saying she would only receivepayment from the tote.One of Bill’s great pleasures was travellingwith Anne to Europe. They had a flatin London for some 12 years and each yearthey lived in London for a period of time.While diverting from recounting Crockett’sachievements in his life, I should recountthat when I was reading with Bill I saw andrealised that he had great admiration forhis former Master, Sir Gregory Gowans,whom Crockett acknowledged, had agreat encyclopaedic knowledge of thelaw. Crockett’s secretary’s husband waskilled when struck by the rotor blade of ahelicopter. I drew the Statement of Claimand Bill settled it. The trial on the issuesof liability and damages took place beforeGowans J and a jury. Crockett opened thecase to the jury, following which Gowanssent the jury out. Gowans enquired as towhy the case was being put in negligencewhen in the admitted circumstances theissue of liability was absolute under theWrongs Act (Damage by Aircraft) provisions.I was in trouble being confrontedwith why I had not pleaded the case thatway. I was not assisted by reminding Billthat he had settled the Statement ofClaim. He did not enjoy being caught outby his former Master. However, Crocketthad his victory later. I was being led byhim before the Full Court. Gowans J wasin the lefthand chair. Phil Opus QC wasaddressing the Court on behalf of theappellant and made a statement as tothe tax law. Gowans in his classic acerbicstyle said, “That is not correct.” Crockettsaid to me that he thought Phil Opus wascorrect. I could not assist but I was dispatchedto the library to look at the point.I found that Opus was correct and broughtback to the Court a textbook pointing outthe relevant paragraph to Crockett. Wewere being watched by Gowans. Crockettquietly handed the book to Opus and suggestedhe read the marked paragraph.Opus then said, “Your Honour Mr JusticeGowans, I am like the clock that stopped, Imust be right twice the day.” He then readthe paragraph to the Court. Gowans wasfurious, not at Opus but at Crockett andmyself, as he knew what had happened.Crockett was appointed to the SupremeCourt in December 1969 on the death ofSir John Barry. Crockett was 45 years ofage. At that time a veteran law reporterwrote of Crockett, “A first class trial lawyer.From the moment he arrives in court21

Obituary<strong>Justice</strong> <strong>William</strong> <strong>Charles</strong> <strong>Crockett</strong> <strong>AO</strong>Eulogy for the Honourable <strong>William</strong><strong>Charles</strong> <strong>Crockett</strong> <strong>AO</strong>, delivered onThursday, 15 February 2007, by theHonourable Allan W. McDonald.THAT which I wish to say this afternoonis in honour of the Honourable<strong>William</strong> <strong>Charles</strong> <strong>Crockett</strong> <strong>AO</strong>, whowas born on 16 April 1924 and died on 6February 2007, aged 82 years.Although during his life, Bill <strong>Crockett</strong>’swork involved him being seen in the publicarena in the application and the administrationof the law, he was a private man.He was proud of his work and his achievements,however he was a modest man. Hewas a wise man, an intellectual disciplinarian,a man who understood people: acompassionate man.On a number of occasions when I havesat in the pews of a church listening to aeulogy being delivered I have wondered ifin some way it is directed to the “Keeperof the Gate” to assist in the gaining ofentry for the deceased. That is not mypurpose. If Bill <strong>Crockett</strong> has elected tocross the “River” and I believe that hewould probably have made that election,and if he is still outside the “Gate” and Ibelieve that would not be the case I wouldnot dare to interrupt that which is beingsaid by one of the most articulate persuasiveand skilled advocates of the CommonLaw of Australia.Bill <strong>Crockett</strong> was the only child ofRussell and Winnie <strong>Crockett</strong>. Russelluntil 1929 conducted a men’s clothingshop in Horsham, but with the onset ofthe depression the business was lost. Thefamily moved to <strong>William</strong>stown where, atthe age of four, <strong>Crockett</strong> commencedhis education at the <strong>William</strong>stown StateSchool.The family life of the <strong>Crockett</strong>s wasa very frugal life. Bill’s mother had greatambitions for her son. She found work ina cake shop and earned sufficient moneyto send Bill, as a boarder, to The GeelongCollege for the last two years of his secondaryeducation.In 1939 and 1940 <strong>Crockett</strong> attendedthat school. In 1939 he won the U16 athleticchampionship. It should be notedthat in 1940 there were two other studentsat The Geelong College who laterjoined Bill on the Bench of the SupremeCourt of Victoria, Richard Fullagar and<strong>Bar</strong>ry Beach.I should add a footnote: when I joined20<strong>Justice</strong> <strong>William</strong> <strong>Charles</strong> <strong>Crockett</strong> <strong>AO</strong>.the Supreme Court in 1988 <strong>Crockett</strong>was very proud of the fact that four oldGeelong Collegians were on the SupremeCourt Bench together. He insisted that thefour of us have a photograph taken in fullceremonial robes for the school archives.Having matriculated, and aged 16,<strong>Crockett</strong> commenced a law courseat Melbourne University. After beingawarded a number of exhibitions alongthe way he completed his Bachelor ofLaws degree in 1944, being awarded theSupreme Court Prize. He sat honoursexams in 1945 and attained the degreeof Master of Laws. Later in his life theUniversities of Melbourne and Monasheach conferred on <strong>Crockett</strong> the honorarydegree of Doctor of Laws.In the citation which was read on theoccasion of the conferring of that honorarydegree by the University of Melbourneit was said, inter alia, “It would be true tosay that his Honour has a been a modelSupreme Court Judge both at the triallevel and as an appellate Judge. He isquick, courteous and more often thanmost, correct.”On 10 April 1945 Bill joined the navyand then discharged on 28 November1946. He served as an able seaman onthe HMAS <strong>Bar</strong>won. On being discharged<strong>Crockett</strong> returned to the law. He becamean articled law clerk to Stuart Brown inHorsham, living in a room at the RoyalHotel. On admission to practice on 1March 1948 the Order recites his addressas the Royal Hotel, Horsham, much to thedispleasure of his mother.Straight after being admitted topractice <strong>Crockett</strong> signed the <strong>Bar</strong> Roll.

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