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FAREWELL TO A GIANT OF THE PROFESSION

FORMER VICTORIAN PREMIER JOHN CAIN DIED ON 23 DECEMBER, AGED 88. HIS LANDMARK REFORMS AND VISIONARY LEADERSHIP – OF THE LIV, THE LEGAL PROFESSION AND THE STATE – ARE REMEMBERED HERE. Victorian reformer: former LIV president, attorney-general and premier John Cain

John Cain was president of the LIV evenings and on Saturday mornings. (s32 vendor’s statement), reformed in 1972 to 1973. He was the fourth Local clients included the Aboriginal workers’ compensation (Workcare) president to also serve as Victorian Advancement League and the Chamber and the introduction of no-fault attorney-general. Sir John Davies of Commerce. At its height, the practice personal motor car injury insurance was the first, Sir Arthur Robinson the employed 12 to 14 staff. (Transport Accident Commission). Less second and Bill Slater the third. Mr Cain In the late 1960s Mr Cain was controversial was his establishment remains the only president to also serve invited to join the LIV Committee of in 1982 of the office of the Director of as state premier (1982-1990). Management by John Dawson. In 1967 Public Prosecutions, restructuring of the Mr Cain was born in Melbourne, the he joined the LIV Council and served magistracy, introducing plain English son of John Cain senior, leader of the until 1976. He was president in 1972 to legislative drafting and establishing the Labor Party in Victoria from 1937 to 1973. In the period 1973 to 1976 he was Victorian Law Reform Commission. Mr 1957 and three times premier. Educated also an executive member of the Law Cain stood down as premier in 1990. His variously at Northcote High School Council of Australia. For the time, he public service since then has included and Scotch College, in 1952 Mr Cain was a radical lawyer within a cautious a trusteeship of the Melbourne Cricket graduated in law from Melbourne LIV that had not yet adopted a wider Ground, presidency of the Library Board University. After completing articles community/social commentary role. of Victoria and membership of the with Galbally’s he established his own His major legacy from his time at the Commonwealth Secretariat Observer solicitor’s practice in Preston. There, LIV was his encouragement to Bernard team for the first post-apartheid South the booming post-war economic Teague and Tony Smith to reform the African national election in 1994. He times enabled him to quickly build disciplinary process, making it more was married to Nancye. They had three up a successful community practice. independent and transparent. children and 10 grandchildren. Son Operating as an amalgam, he did Mr Cain entered parliament in 1976 Judge John Cain became State Coroner many appearances in local courts at as the Labor member for Bundoora in December last year. Preston, Northcote, Collingwood, Fitzroy, in the Legislative Assembly. He was In 1998 Mr Cain was honoured Coburg, Heidelberg and Melbourne. elected premier for the first of three by the LIV with the award of a life The caseload was typical of a suburban terms in 1982, having already led an membership. It was 25 years since he practice at the time: crime, divorce, active life in Labor politics. An activist had been president. maintenance, motor accident damages premier, a number of his social reform claims and workers’ compensation, initiatives brought him into conflict Legal tributes as well as conveyancing and a little with the LIV in its role representing the The essentially decent and honest man. probate. interests of solicitors. These initiatives He insisted on openness and candour A feature of the early years of the included freedom of information laws, from his ministers and staff. When he practice was that it opened on Monday consumer protection in conveyancing asked me to assist with his portfolio as PHOTO: DAVID JOHNS

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Attorney-General he required disclosure of tea or lunch, put on by the locals, he’d ask the accident compensation system was an all my shareholdings and interests. I must me to reimburse them – often not possible unfair lottery and needed drastic reform. say I was delighted to supply the same, but as they had made the scones. Injured had to prove negligence in court not quite so delighted with his response I remember FOI laws, the DPP, before getting compensation. A no-fault – “Thank heaven you are not advising the Southbank, the Arts Centre and the Tennis system was proposed to great opposition. Treasurer”. Centre, all his initiatives. He championed He stuck to his guns, introducing a Largely unacknowledged is John’s equal opportunity and abolished the line no-fault system for all but retaining the reform of the magistracy. Up until his time for women at Flemington and other sports right to sue for those severely injured. it had been the preserve of justices of the clubs. OH&S reforms followed. His legacy is peace and a gerontocracy of former clerks He stood up for what he believed in and the reform agenda he implemented as of courts. Neither had any formal or little tried to make people’s lives better. There premier, much of which is still in place legal education, but were rich in hubris will never be another like him. They were today. and bias. This single reform has brought different days. Bill O’Shea, LIV president 2003, ministerial justice to tens of thousands of Victorians Kerry O’Shea, LIV head of public affairs, media adviser and speechwriter for Premier John Cain 1983-1986 who now rightly expect to be dealt with adviser then chief of staff in John Cain’s media unit 1982-1987 by independent judicial officers in the John Cain and I joined the LIV Council jurisdiction where most people meet the John Cain loved the law. He saw a properly about the same time (1967) and were close law. functioning legal system as a way of friends thereafter. For a sole suburban Howard Nathan, retired Supreme Court judge, improving people’s lives. Consequently, he practitioner his commitment to the LIV led the Attorney-General’s department for 18 immersed himself in every aspect of the was extraordinary. Areas like personal months, 1982-83, when Premier John Cain was also Attorney-General law. Whether it be in the law practice he injury litigation and disciplinary processes set up and managed for nearly 20 years, were areas where he led reform. He was an John Cain was a dear friend and colleague or his involvement with the LIV Council outstanding president who provided great from my first days as an LIV Council or the Victorian Law Reform Commission leadership to the LIV. He also led reform member until I greeted him in December he knew the law had to evolve to meet nationally on the LCA. It was inevitable he at his son John’s formal welcome as people’s needs. Even when studying, he would go into politics following his father Coroner. immersed himself in the law students and became the longest serving Labor He mentored me wisely. He was a very football team . . . my late father Frank premier. Among his achievements I rank empathic listener. Our liaison led to my Hulls was in the same team. FOI (transparency in government), TAC early involvement in the challenge of These real life experiences no (looking after people in motor accidents) setting out to campaign for the reform doubt gave John the roadmap for his and the DPP (keeping criminal justice of legal disciplinary processes with Tony extraordinary reform agenda when independent of politics) very highly. On a Smith. he became Victoria’s 41st premier. He personal level I valued his friendship and At no time have I had political invigorated and modernised this state and wise counsel. He had a major impact on aspirations, but John and I kept in touch reformed the law and our legal institutions my career appointing me the first solicitor after he left the Council. to ensure that people like the clients at his to the County Court. To sum up, John Like David Jones, I doubt I would have Preston law firm could fully participate in never changed. A kind and generous man been appointed a judge if John had not society. Those clients, and the rest of us, of the utmost integrity. Humble with no been premier, although Attorney-General owe him a huge debt of gratitude. ego, nothing to prove. He was liked and Jim Kennan did the asking. Rob Hulls, director, Centre for Innovative respected in the community regardless of And later, it was John junior who rang Justice, RMIT University, Victorian Attorney- people’s political allegiances. John Cain General 1999-2010 me to ask if I would chair the Royal was one of the LIV’s greatest leaders and Commission into the Black Saturday John Cain was a great boss. He was on his members. bushfires. way to open one of Melbourne’s first resort David Jones, LIV president 1977-78 and the first solicitor appointed a judge of the County Court Another major factor in our friendship style apartment buildings on St Kilda continuing at length was that Nancye and Road, which symbolised the economic John Cain commenced his articles in 1953 my wife Patrice became close through recovery. As the premier’s car approached at the firm John W and Frank Galbally. He their involvement in charity work. the venue, he asked me to pass him the was articled to John Galbally (Jack), then I will greatly miss him. speech. I had left it in the office. There was Minister For Electrical Undertakings in the Bernie Teague, LIV president (1978 and 1986) a long silence. He said, “No matter, it’ll be and first solicitor appointed a judge of the Cain snr government. Victorian Supreme Court fine". He gave an impromptu speech that John shared an office with Fred Lester was better than the speech I’d written. and Norman O’Bryan (later a Supreme I started working for John as a media He had a major impact on my life and Court judge), who was articled to Frank adviser when I was 24. He hated was my role model in my legal career that Galbally at that time. pomposity and told us all to call him John. commenced after working for him. He was John remained with the firm for three He was decent, he had integrity, he worked caring, he listened carefully to his advisers years after his articles and regularly hard and was a reformer. and challenged our ideas. He stared down appeared in the Magistrates’ Court, mostly I travelled with him on many country opposition from the establishment and in the criminal law field where he excelled trips, to bushfire areas, drought, floods, stuck up for those denied a voice. He saw as an advocate. The firm was developing Alcoa in Portland. When he had morning

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a common law personal injury practice when he was on LIV Council, when I The Cain family has a long history with which John helped establish. He said he spoke in support of my application to be the Melbourne Cricket Ground (MCG). One learned much from briefing the leaders of appointed CEO of the LIV. major interaction relates to the admission the Bar at the time, Rob Monaghan, Jack After he became premier of Victoria of women as members of the Melbourne Barry, John Starke, Jack Cullity and Jim in 1982, John used the LIV Executive as Cricket Club (MCC). Dr Donald Cordner Gorman, all barristers used by the firm at a sounding board for ideas or political had tried to get this issue on the club that time. proposals, and these discussions were agenda as early as 1973 and 1976, but his John left to set up his practice in invaluable. motions lapsed for want of a seconder. Preston. He remained in close contact I left the LIV in 1986 and was appointed John Cain had a clear view that the MCG with the firm, which became Galbally & Commissioner for Corporate Affairs. It was the “people’s ground” and with Donald O'Bryan. was a sensitive period. A hot potato was Cordner now chair of the Women’s Affairs When speaking of John, Frank said he the Pyramid scandal. There was a meeting Committee and strongly advocating the was an exceptionally hard working and in the Premier’s office late at night when public responsibilities of the MCC, by 1983 capable employee who related very well to John decided that things would only get women were admitted to the previous clients. He was very sorry to see John leave worse and it was decided to pull the plug. all male members pavilion, and in 1984 the firm and they remained close friends He was right. the first women were admitted as full throughout their lives. I last saw him on 31 October at the members of the MCC. Peter O’Bryan, former managing partner launch of Simon Smith’s history of the The Cain government overhauled Galbally & O’Bryan legal profession. Victoria’s coronial arrangements and John Cain lead a reforming, progressive John was just a thoroughly decent established the Victorian Institute of Labor government, driven by his life-long man who believed that honesty and Forensic Medicine. In his speech opening commitment to law reform as a solicitor politics could be comfortable travelling the Coronial Services Centre in Southbank and president of the LIV. companions. in August 1988, John Cain spoke of the Gordon Lewis, LIV CEO 1975-1986 and former His landmark reforms included founding idea of the Institute: that service, County Court judge introducing an independent Director nourished by the provision of teaching and of Public Prosecutions, the Freedom of In recent years I’ve seen a good deal of research, would elevate forensic medicine Information Act 1982, establishing the John Cain and I regarded him as a great to the same level of medicine generally. Victorian Law Reform Commission, friend and adviser. As well as benefits to justice, public introducing plain English legislative Having been an LIV president it was health would benefit from findings from drafting, rewriting many Victorian statutes natural that when he became premier autopsies and from coronial investigations into a more efficient and user-friendly he would have a keen interest in legal of preventable deaths. This policy has form, such as the Planning and Environment issues. His decision to take on both roles – demonstrably delivered. Professor Stephen Cordner, head of Act 1987, and overhauling public premier and A-G – lead to some criticism international programs at the Victorian administration in Victoria. from opponents. It was a lively time and Institute of Forensic Medicine Many of these ground-breaking reforms he moved quickly on FOI and the OPP were followed by other states and by the reforms, which were supported by the LIV. John Cain was a man of immense integrity Commonwealth. By 1985 the government moved on and rare humanity. He was decent in John’s commitment to the great state personal injury compensation for motor every way. John’s contribution to the legal of Victoria continued long after his vehicle accidents. It removed common profession was immense. His contribution premiership ended, and he provided moral law damages entirely with only the right to creating a modern Victoria was even leadership and advice to many, including to damages for seriously injured retained, greater. John helped fashion Victoria as a me, throughout his retirement. a compromise – seeds sewn by the LIV place of progressive values and common John Cain was a man of vision and great – achieved after a robust controversy in sense in improving the lives of everyday integrity. He was an inspiring leader and which the premier was personally heavily Victorians. Rare for the time, John was it was my great privilege to work for his involved. also passionate about the full equality of government. We will miss him. In 1998 he was awarded honorary life women in Victorian society – an ongoing Mark Dreyfus QC MP, Shadow Commonwealth membership of the LIV, which delighted project. I am proud to continue on the Attorney-General, ministerial adviser to him. He retained a distinct interest in path that John blazed to ensure that more Attorney-General Jim Kennan in the Cain the position of the profession and was women lead the Victorian legal profession government, 1985-1987 deeply concerned about the diminished and have their contributions to the law My first recollection of John Cain was role of the LIV in maintaining professional properly recognised. when he appeared in magistrates’ courts standards. He regularly attended meetings Victorian Attorney-General Jill Hennessy n in the inner northern suburbs. He was of past presidents and his opinions have This tribute was compiled by Carolyn Ford and includes always incredibly well prepared. John told been most eagerly sought as recently as a an edited extract from Solicitors and the Law Institute in me it was important to arrive at court few days before the stroke which led to his Victoria 1835-2019: Pathway to a Respected Profession early and “be on good terms with the clerk death. I will greatly miss his company. by Dr Simon Smith. Mr Cain spoke at the book's launch of courts to find out how the magistrate Ian Dunn, LIV president 1987-1988, and CEO on 31 October 2019. It was the last official LIV function he attended. was going”. 1996-2002, and friend of John Cain My next contact with John was in 1974

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