Farewell to a Giant of the Profession
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NEWS TRIBUTE | LIV PRESIDENT AND COUNCIL 2020 | WELCOME | FAREWELL 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 JAN/FEB 2020 LAW INSTITUTE JOURNAL 13 news John Cain 1931-2019 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.