DEBATES AND QUESTIONS – Thursday 15 August 2019
His commitment to the rights of workers not only came through in his legal career but in his passionate support of the Labour movement. He would always attend the annual May Day march and his photographic archives are a treasure trove of history of the Labor Party and the union movement. He continued marching at May Day until he was no longer well enough to do so.
The Labor Party owes John a debt. He provided much-needed intellectual and policy grunt over the decades from the 1970s. He also contributed financially to a struggling branch in the dark days of long-term opposition.
John's other love was the law. He was a magnificent lawyer. Eloquent, forthright and incredibly smart. Often seen as cantankerous to his opponents, his focus was on obtaining the best outcome for the injured worker or plaintiff. He took cases that no one else would touch and worked to deliver a result no matter what it took.
John pursued legal points through to the High Court on a number of occasions. It is not a well-known fact that a Territory man by the name of Roy Wright took on then-PM Malcolm Fraser whom he had seen, on the news, fishing from a billabong illegally. It incensed Mr Wright because he had been fined for fishing from the same billabong. John Waters took up the cudgels on his behalf and the then Prime Minister of Australia had to plead guilty to illegal fishing.
His contribution to the jurisprudence of the Territory has been important. He set new precedents in cases such as Romeo v Conservation Commission of the Northern Territory, Papatonakis v Australian Telecommunications Commission and of course the very famous R v Crabbe. I acknowledge the work of John Tippet QC in his article on John Waters for this information.
John started Waters, James and O’Neil, which was a firm well known for mentoring and encouraging new ‘young lawyers. He went to the Bar in 1990 and began James Muirhead Chambers. Others soon joined him. He often took on difficult and complex cases, usually on a speculative basis waiting until the end of the matter to receive payment.
In what was a blot on our political history, John having been nominated for his QC in 1993 was denied this by the government of the day on grounds of spite. In 1997 that was reversed and the then Chief Minister, John Reeves and John Waters were appointed QCs.
Our politics and careers are all important but they fade into insignificance when standing alongside our families. John departed this plane loved by his family and missed by many. John is missed particularly by his partner Kay Young, his children, Mirran, Fletcher and Mitchell; and his grandchildren, Felix, Isaac and Clementine.
Vale John Waters.
Members: Hear, hear!
Ms FYLES (Nightcliff): I also pay my respects to John Bascomb Waters QC. I acknowledge his daughter Mirren, here in the Chamber this evening and pass on my condolences to her and all the family.
John was an outstanding member of our local community in a number of ways. The Chief Minister has eloquently outlined his history and how he became a Territorian. He played a huge role in the Labor Party and was an outstanding member of our legal profession respected by all who knew him. It is an honour as the Attorney-General to add these comments to the contribution.
He was a major contributor to the Labor Party—the founder of the NT Labor Party. Aside from that, he was a lawyer and a loving father. Moving to the Territory as a child with his parents he grew up living a true Territory childhood: shooting, camping and fishing.
His father, Ken, served on the Darwin Council as alderman and mayor. John attended university in Adelaide where he commenced what would be a lifetime contribution to the law and the Labor Party. He joined the Labor Party at age 18, which is something I understand having joined the party at 15. The creation of the NT Labor Party by John has paved the way for our careers and had a huge impact on our lives.
In May 1973, John became the first NT delegate to the Australian Labor Party National Conference. At this same conference the Northern Territory self-government policy was adopted, which was a huge moment in the Territory's history.
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