Honouring 175 Years of the Supreme Court of Victoria at the Royal Historical Society of Victoria
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OPENING OF JUDGING FOR THE PEOPLE: HONOURING 175 YEARS OF THE SUPREME COURT OF VICTORIA AT THE ROYAL HISTORICAL SOCIETY OF VICTORIA Friday 8th April, 2016 The Honourable Justice Marilyn Warren AC, Chief Justice of the Supreme Court of Victoria Mrs Catherine Andrews Associate Professor Don Garden, President of the Royal Historical Society of Victoria Your Honours, Distinguished guests, ladies and gentlemen. I also acknowledge the traditional owners of the land on which we are gathering and pay my respects to their Elders past and present and to any Elders with us this evening. I am delighted to join you this evening, as Patron of the Royal Historical Society of Victoria, to officially open this important exhibition, Judging for the People, celebrating the 175th anniversary of the Supreme Court of Victoria. At the same time, I am particularly conscious of the renowned and experienced historians that are here in the room and that, more to the point, I am not one of them! With that thought firmly in mind, in my brief opening comments, I have decided it will be for the best if I do not attempt to recite the history of the Supreme Court. I am satisfied that should be left to the beautifully crafted exhibition itself, and the other speakers, who are clearly well qualified for the task. What I will touch upon though is the importance of the two institutions on show this evening, in the Supreme Court of Victoria, at 175 years’ old, and the Royal Historical Society of Victoria, at a sprightly 107 years’ old. 1 Let me start by saying that, 9 months into my role as Governor, I am enjoying every aspect of it, but it is a particular treat when there is a happy confluence between an event I am attending and my own life experience. This is such an event. First, I have been admitted as a Barrister and Solicitor of the Supreme Court of Victoria not only for exactly two-thirds of my lifetime but, more pertinently for this occasion, for almost a quarter of the life of the Court. It is fair to say that the Court’s rich history is of direct interest to me. Secondly, although I am no longer involved in the practice of law, in my current role, I am particularly aware of the long-standing ties between the Supreme Court and Government House. There was even an architectural link in the early days, as described in the wonderful written history of the Court, (to be launched next Tuesday).There was what was noted as a “synchronicity” between the domination of the dome of the Supreme Court Library at the western end of Melbourne, and the tower of Government House at the other end, uninterrupted – until more modern times – by any other structures of comparable grandeur. There are also links in terms of personnel. Four of my predecessors have been former judges of this Supreme Court. The first, The Honourable Sir Henry Winneke AC KCMG KCVO OBE QC (the first Victorian born Governor of our State), followed by The Honourable Richard McGarvie AC QC, The Honourable Sir James Gobbo AC CVO QC and most recently, my immediate predecessor, The Honourable Alex Chernov AC QC. In addition, six Victorian Chief Justices have filled the role of Lieutenant-Governor, including our current Chief Justice. And we share the happy connection too that, at least since 1950, judges of the Supreme Court of Victoria have been sworn in mostly at Government House. Indeed, it was earlier this week that I had the privilege to swear in the Court’s most recent member, the Honourable Justice Andrew Keogh. 2 There is another reason why this exhibition resonates with me. The privilege of becoming the 29th Governor of our State has made me reflect on the significance of the history and the fundamental importance of our State’s institutions. I am particularly conscious of being the temporary custodian of a role that carries with it the responsibility to guard our Constitution and our democratic processes. As we watch the turmoil, uncertainty and even the anarchy in many parts of the world, we can count our blessings here in this State for our stability and our democracy. The Supreme Court of Victoria is one of the major institutions that underpins the stable democracy that we enjoy. It means that this 175th anniversary is not just a milestone date to acknowledge. It is a reminder that we must ensure that this Court, in fact the judiciary - along with the legislature and the executive - maintain their structures, roles and responsibilities. That is why this exhibition matters. It’s also why the Royal Historical Society of Victoria must be commended for the thoughtful way that it has curated and displayed so many precious images, maps and artefacts from throughout the life of the Court. I congratulate the curator, Ms Daisy Serles, and her team of volunteers, who have dedicated countless hours to creating such an informative and entertaining exhibition. It is typical of the excellent work of the Royal Historical Society of Victoria, an organisation that, although steeped in, well, history, has managed to move with the times and the technology of the times, to maintain its relevance as much today as when it started more than a century ago. I wish them good fortune for their next century too. Well, it was 175 years, one month and one day ago - on 9 March 1841 - when Justice John Walpole Willis arrived in the then Port Phillip District of New South Wales as resident judge, charged with the task of hearing significant criminal trials. 3 By the time of his removal from office, just two years later in June 1843, his Honour had apparently quarrelled with the Governor, the Superintendent of Port Phillip, the magistracy, the legal profession, the press, and was said to have become “distasteful to more than one half of the community”. With such an ignoble start, we are perhaps fortunate to even be able to celebrate the 175th anniversary of the Supreme Court of Victoria. I am glad that we are, and that we are able to do so via the Royal Historical Society of Victoria’s magnificent exhibition that I now have the pleasure to officially declare as OPEN. 4 .