Bokkers' Book Launch

Book Launch “Crossing the Bar” Legal Bric-a–brac and Other Oddities By William Cox Law Society of Tasmania, 11 July 2012. The First Earl of Beaconsfield, better known as Benjamin Disraeli, was not only one of the leading politicians and statesmen of the Victorian era, he was also a highly successful author. His novels may perhaps be described as being of the romantic genre. The unkind might even call them “pot boilers” - but they were nevertheless quite popular in London Society in their day. So much so, that Disraeli frequently received unsolicited manuscripts from other aspiring and perhaps, less talented writers, seeking appraisal and comment from the great man. It is said that Disraeli’s standard response to these people was as follows; “Dear Sir (or Madam), I thank you for sending me your manuscript, which I shall waste no time in reading” When Bill Cox sent me a copy of the manuscript of his new book Crossing the Bar I was, therefore, momentarily tempted to emulate Disraeli’s deliberately amphibolous response. However, good manners and to be frank, a degree of cowardice, quickly persuaded me otherwise. Instead, I instantly set about reading it – and were it not for the fact that about an hour or so later I was rudely interrupted by the Deputy Secretary of some Department or other wanting advice that he probably ought to have sought months earlier, I would almost certainly have read it all in one sitting. 1 So, I think it may fairly be said after all, that I wasted no time in reading it - in either of the senses in which that expression might be understood. Although, it is possible that Her Majesty’s Treasurer may disagree! The title Crossing the Bar comes from Tennyson’s poem of the same name which contains a number of nautical allusions. A witty pun you may think for a lawyer to “navigate the bar” But the title of the book, like the poem after which it is named, is intended to refer, I think, to a rather more profound journey. It refers to the author’s journey through professional life first as a law student, then a legal practitioner, magistrate, Supreme Court Judge, Chief Justice and Governor of Tasmania. A considerable voyage of discovery, and of self-discovery, by any measure. But this book is not a history as such. It is, for the most part an ordered collection of contemporary vignettes - mostly in the form of after-dinner speeches (and in some cases, songs) which were made, or perhaps I should say “performed” by the author over a period of nearly forty years. They are, whether viewed individually or as a body of work, remarkable for a number of reasons. Not the least of these is their illustration of what the former Chief Justice of the High Court, the Hon. Murray Gleeson describes in the foreword to Crossing the Bar as “...the charm, good nature, learning and warmth of personality for which William Cox is so widely admired.” But for me, of equal, if not greater importance, is the fact that, rather like a family photograph album, these vignettes have, together, captured and preserved so many characters and moments in time within the legal and public life of Tasmania in the latter half of the 20th and early 21st century. 2 And just like the family photograph album we see the good, the bad and the over-exposed (in every sense of that expression) of the last few generations of Tasmanian lawyers. For me, and those of my generation and later, these vignettes bring to life practitioners I barely, or never, knew. It had, for example, never previously occurred to me that Sir Stanley Burbury may have had a sense of humour – let alone that as a younger man he had exhibited pronounced thespian tendencies! But as Shakespeare says, and barristers intuitively know, “All the world’s a stage…” Of Maurice Lammacraft I knew only that he was a somewhat eccentric Launceston-based practitioner who had taught Brian Morgan all he knew….or was it the other way round? I can never remember! Like not a few barristers (and some judges) of my acquaintance, Lammacraft was apparently even more eccentric after the luncheon adjournment – having partaken of what I now know Malcolm Bethune, the then senior partner of my first employer, was accustomed to call “a few nourishing beverages”. “Uncle” Malcolm, as he was affectionately known, had been an airman in WWII and had served and was injured in the Middle East. He was a smallish man who wore an enormous moustache, which effectively covered his entire mouth. This made him virtually inscrutable. I say virtually, because there was an ever-present glint in Uncle Malcolm’s eye, which betrayed his kindly disposition and his own firm conviction that single malt whiskey was the most nourishing beverage of all! Bill Cox has subtitled his third (or is it his fourth?) book “Legal Bric-a-Brac and Other Oddities”. 3 The term “bric-a-brac” is probably a bit of unconscious self-deprecation by the author. But no-one would argue – except perhaps Shaun McElwaine, who argues for a hobby - with the word “Oddities”. In his 40 years of addressing indifferently-fed and mildly-intoxicated diners, Bill Cox has covered an astonishing array of topics ranging from the lawfulness of exposing one’s buttocks in the Yukon Territory of Canada to the exercise of the so-called “reserve powers” of the Vice-Regal Representative. I, of course, do not mean to imply that these two activities somehow sit at opposite ends of the same spectrum. Although Shaun McElwaine may well be able to mount a plausible argument to that effect! Much less do I mean to suggest that the author has personal experience of either activity. I am content to allow the reader to draw his or her own conclusions about that! But in my view, no two things could be further apart – not even the buttocks of Mr Hecker – the accused in the “Yukon Mooning Case” to which reference has just been made. But what I do mean to suggest is that there is something in this book for nearly everyone – and a great deal in it for lawyers of all ages. Some of it is serious and quite moving – such as the speech to the Naval, Military & Air Force Club on the occasion of the 100th anniversary of that Club. That speech includes the citation, which accompanied the award of the Victoria Cross to Lieutenant (later Sir Henry) Baker. The author has quite rightly described it as “awe-inspiring”. Much of the first half of the book is devoted to poking good-natured fun at the foibles of contemporary legal and political figures. This is a noble tradition with a long history in a profession in which the idea of “seniority” is still important. Depending on how you look at it, lawyers are, by and large, either excellent or dreadful gossips. 4 They have ever loved telling embellished tales of their own achievements while, at the same time, disseminating exaggerated accounts of the failings of their colleagues and of the irrationality and irascibility of their Honours. Having given a lot of thought to this matter, I have reached the conclusion that this behaviour is largely due to the fact that lawyers – and barristers in particular - are in direct competition with their professional colleagues in a way which does not occur in any other profession or occupation – except perhaps prize-fighting and professional wrestling. And it is notable that boxers and wrestlers are also renowned for a good deal of what the Americans call “trash talking” both before and after the bout. Crossing the Bar is not lavishly illustrated, although it does not suffer for that. But it does feature a quite magnificent frontispiece in the form of a nearly full- length portrait of the author (who incidentally admits to having been wounded by the Mercury’s description of him as “a large man who looks even larger in his robes”) … A nearly full-length portrait of the author holding the historical symbol of the absolute dissolution of the Tasmanian Bar, “the Woods Lloyd Boot”. Although, in the accompanying caption, the author expressly disclaims any intent - or even ability - to consume the 5 or so litres of ale contained in the boot, the rather determined expression captured by the photographer, his daughter Madeleine, could easily lead the casual observer to think otherwise. And herein lies the true genius of the author. As all conveyancers (who apparently now call themselves “transaction lawyers”) know, “He who prepares the first draft controls the document”. And as the author himself well knows; He who writes and publishes the speeches need never mention himself! Just like the family photographer, he has mostly been behind the lens and not in front of it. It has been in precisely this way that William Cox, 5 Or Bill Cox as he is better known Or “Bokkers” as he prefers not to be known, has, for the most part, skilfully avoided being mentioned in despatches. There is much else that I could and would dearly like to reveal about the contents of this book – but I am mindful of the need not to undermine sales by giving away the best bits. However, I would like to publicly thank “Bokkers” for not only reminding me of, but also enabling me to find again, the quite remarkable judgment of the late Roddy Meagher in Akron Securities Ltd v Iliffe & Ors (No. 2) – an unreported decision of the NSW Court of Appeal.

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