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John Walpole Willis, Colonial Judge, Reconsidered BOOK REVIEWS 'Australia’s Constitutional Government' Power’ includes a chapter on the powers the Whitlam Government, and whether it of the Constitution. It also includes of the Governor-General with reference was right for the governor-general to have fascinating insights into the historical and to the double dissolution of 1975. It secretly sought the advice of the chief contemporary workings of Australian provides an overview of 11 principle justice of the High Court, Sir Garfield federalism. I think it would be a criticisms of Sir John Kerr’s decision, Barwick, and Justice Sir Anthony Mason worthwhile book for law students and a ranging from whether the governor- (and whether they should have given it). very worthy, enjoyable, and provocative general ignored a convention that the The chapter is fascinating. read for practitioners. Senate not reject appropriation bills This book is not a Constitutional law Review by Charles Gregory essential to ordinary annual services of the textbook, but it includes thorough legal government, to whether the governor- analysis on the most important aspects general had the reserve power to dismiss I Like a Clamour: John Walpole Willis, Colonial Judge, Reconsidered By Max Bonnell | The Federation Press | 2017 world. But with the launch of his latest position themselves on either side of the book, he takes the next logical step in his battlelines, Max seeks to paint a more literary career, marking the collision of nuanced picture of mixed motivations. author, historian and lawyer. Was Willis a pedant or an activist? A man For those who work with Max in of principle and conviction or vindictive commercial litigation and international and self-promoting? Stubborn to a fault arbitration, his choice for the subject or courageously resilient? The answer to of this book – an enigmatic colonial each of these questions raised throughout judge sitting in early nineteenth century the book is, invariably both. Australia – might come as somewhat of In one example, Max teases apart the an incongruence. Fittingly, it is paradox motivations and reasoning underlying and incongruence that come to define the Willis’ decision in Bonjon, a ‘careful man at the centre of this book. demolition of the terra nullius fallacy … On 16 March 2017 Chief Justice John Walpole Willis is a figure shrouded articulated 150 years before the High TF Bathurst AC was the guest of in controversy and intrigue. The book Court reached very similar conclusions in 3 honour at the offices of King & Wood follows his life and legal career from Mabo’. Max warns that this decision was Mallesons to launch a new biography his initial posting in Upper Canada, not motivated by a genuinely sympathetic attitude towards the Aboriginal people of Judge John Walpole Willis.* to his time as first puisne judge of the Court of Civil and Criminal Justice in but rather a conscientious and principled It is a great pleasure to join you British Guiana, and finally his position application of the law, coupled with this evening in launching the first as a judge of the New South Wales a desire to prove this intellect to his comprehensive biography of the colonial Supreme Court and resident judge of Port superiors. In framing Willis in this way, judge John Walpole Willis, I Like a Phillip, chronicling his ability to swiftly Max manages to wrest him from the Clamour, and to give a few short praises fall foul of the establishment in each status of caricature and transform him to the book and its author, Max Bonnell. fledgling community he visited. As Max into a thoroughly humanised, albeit As some of you may or may not know, highlights, for each contentious scenario tragically flawed, individual. Max has been moonlighting as a sports ‘there is a charitable explanation, and The enduring legacy of Willis today writer and historian for some time; he is another that is less flattering to [Willis]’.2 survives not in his judgments, as rigorous by no means a new entrant to the literary While historians to date have sought to and learned as they were, but in his role as Bar News : The Journal of the New South Wales Bar Association [2017] (Autumn) Bar News 69 BOOK REVIEWS 'I Like a Clamour: John Walpole Willis, Colonial Judge, Reconsidered' a bastion of judicial independence. While Late last year, I gave a speech on the there is no doubt that Willis sought judicial career of Sir James Martin who, at self-promotion at every turn, he never various times in the nineteenth century, shied away from conflict, even when occupied the roles of chief justice of it came at the expense of his personal New South Wales, attorney general and advancement. This ‘noisiness’, as the title premier. I found his career fascinating, suggests, goes some way to explaining the but Max’s account of Justice Willis’ even enigma that is Willis. Ultimately, what more so. we can admire him for, and the reason It is evident from this book that Max why he is an historical figure worthy of has spent a great deal of time pouring reconsideration, is that, in Max’s words, through primary resources and surviving ‘he chose to act as an independent judge records, for what is no doubt set to even though he lacked the protections that make true independence possible’.4 Willis’ story was ripe for the telling, its central protagonist is a character of colour As with all good and drama who attracted many a cause biographies, the book célèbre. As one journalist of the time recorded, ‘as there was no theatre in town, brings the historical Judge Willis was reckoned to be “as good period to life, providing as a play’”.5 Max’s book is also peppered with amusing titbits from history, from an insight into the early the unlikely first train accident to Willis’ colonies and, in particular, family connection to Queen Elizabeth II. While the facts alone paint a fascinating the establishment of picture, this book is not just a recital of the Supreme Court facts; it is accompanied by regular and incisive analysis, a credit to the author’s of this state. perceptiveness and ability. As with all good biographies, the book brings the historical period to become the authoritative work on Willis, life, providing an insight into the and a valuable contribution to the early early colonies and, in particular, the history of the legal profession in this state. establishment of the Supreme Court of I congratulate Max for his dedication this state. From this we can see the court and hard work in putting together such a room has changed significantly since the well-researched and insightful book and time of Willis, for one, moustachioed commend it to everyone here tonight. members of the profession were ejected Endnotes from the court and chased to the nearest I express thanks to my Research Director, barber shop. If such a practice remained Ms Bronte Lambourne, for her assistance in the today in the age of the ironic hipster preparation of this address. moustache, I’d be quite preoccupied. 2 Max Bonnell, I Like a Clamour: John Walpole Willis, Colonial Judge, Reconsidered (Federation Press, For another, the chief justice of the time, 2017) 38. James Dowling, is recorded as having 3 Ibid 174. complained ‘neither of my colleagues 4 Ibid 48. particularly love me’.6 I can only hope 5 Ibid 209, citing Edmund Finn, The Chronicles of Early Melbourne 1835-1851 (Heritage Publications, the office of chief justice garners more 1888) 67. affection today. 6 Ibid 105. [2017] (Autumn) Bar News 70 Bar News : The Journal of the New South Wales Bar Association.
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