Extract from Hansard [ASSEMBLY - Tuesday, 14 September 2004] p5825b-5826a Dr Geoff Gallop; Mr Colin Barnett; Mr Jim McGinty; Ms Alannah MacTiernan SIR FRANCIS BURT Condolence Motion DR G.I. GALLOP (Victoria Park - Premier) [2.02 pm]: I move without notice - That the House records its sincere regret at the death of Sir Francis Burt and tenders its deep sympathy to his family. Sir Francis was a true Western Australian who made significant contributions to the war effort, the legal profession, community work and public service. Sir Francis passed away at home last Wednesday aged 86. He was born in Perth in 1918, and served in the Royal Australian Navy and the Royal Australian Air Force in World War II. He went on to distinguish himself at the recently founded law school of the University of Western Australia. Sir Francis was admitted to the Bar in 1941, appointed a Queen’s Counsel in 1959 and then a Justice of the Supreme Court in 1969. In 1977 Sir Francis was made Chief Justice of the Supreme Court, serving in that position until 1988. His appointment as Chief Justice was universally acclaimed. His commitment to public service continued upon his retirement from the court when he was appointed Governor of Western Australia. Sir Francis changed the course of the legal profession in this State. He founded the Bar in Western Australia in 1961 despite concern that it would be the end of his career, and, with others, he established Bar Chambers in 1962. To start such an institution requires special qualities of leadership, inventiveness, adaptability and, in the case of this institution, the ability to make highly individual personalities work together harmoniously towards a common purpose. Sir Francis Burt employed all these gifts in establishing and guiding the development of the Bar. He was the acknowledged leader of the Bar when in practice and was, without doubt, one of the greatest jurists this State has ever seen. He was respected throughout Australia and the world for his valuable contribution to the law. Sir Francis was an inspiration to generations of lawyers, possessing a deep humanity and an inherent belief in the sanctity of the judicial system. He was known for his leadership, wisdom, vision and integrity. He was a great man, an intellectual, who sought to improve access for people of all backgrounds to the courts and the law. He believed in the law and the prevalence of justice and commonsense. Sir Francis earnt the respect and affection of all those who worked with him or came into contact with him. Western Australia has benefited enormously from his tireless work and dedication to public service. We are the poorer for his passing. Sir Francis Burt will be greatly missed. MR C.J. BARNETT (Cottesloe - Leader of the Opposition) [2.05 pm]: I join in this condolence motion for the late Sir Francis Burt, 1918-2004. Francis Burt was born on a sheep station in the Murchison. He was a grandson of Septimus Burt, who was the Attorney General in Sir John Forrest’s Government. He was a first cousin of the late Dick Burt, whom I knew. Dick Burt was the member for Murchison and Murchison-Eyre between 1959 and 1971. Francis Burt was educated at Guildford Grammar School and the University of Western Australia, from which he graduated with honours in law, and was admitted to the Bar in 1941. He did not practise law immediately but served Australia by joining the Royal Australian Navy and the Royal Australian Air Force and serving with the Sunderland flying boat squadron in England in 1943. On his return, Francis Burt commenced his career as a lawyer still wearing his service uniform and was awarded a degree of Master of Laws in 1948. In 1959, aged 41 years, he was appointed a Queen’s Counsel and shortly afterwards founded the first independent Bar in Western Australia. Francis Burt was unselfish in giving of himself to the legal profession. From 1945 to 1965 he was a visiting lecturer in law at the University of Western Australia and served on the university senate from 1968 to 1976. He was President of the Law Society of Western Australia from 1960 to 1962 and of the Western Australian Bar Association from 1963 to 1965. He was not too busy to find the time to serve his local community on the Peppermint Grove Shire Council from 1959 to 1968. Francis Burt had a strong involvement in community health as chairman of the board of management of Sir Charles Gairdner Hospital from 1962 to 1972, chair of the Queen Elizabeth II Medical Centre Trust from 1966 to 1985, and chair of the Institute of Radiotherapy of Western Australia from 1960 to 1962. In 1969 he became a judge of the Supreme Court and was Chief Justice from 1977 to 1988. Tributes have been paid to his fairness and his objective of making justice less intimidatory. From 1978 as Lieutenant Governor he frequently deputised for three successive Governors, and in March 1990 became Governor of Western Australia until his retirement in 1993. As Governor, Sir Francis Burt was unfailingly correct, wise and devoid of arrogance. Governors above all else are the indisputable umpires of our political system. Over those three years [1] Extract from Hansard [ASSEMBLY - Tuesday, 14 September 2004] p5825b-5826a Dr Geoff Gallop; Mr Colin Barnett; Mr Jim McGinty; Ms Alannah MacTiernan our State was extremely well served in this respect. Sir Francis Burt was a fine lawyer, judge and Governor and a respected member of the community both at a local level and on a statewide basis. My first involvement with Sir Francis Burt was when he was Governor. I well remember 1993 when the then coalition Government came to power and Sir Francis was Governor. Two memories come to mind. At the first Executive Council meeting I attended with the then new Premier Richard Court, one of the items was the paroling of a prisoner who had served a very long jail term. As members on both sides of the House would be aware, at an Executive Council meeting bits of paper are passed around the table. This particular piece of paper arrived in front of Sir Francis. He just looked at it for quite a long time. He then looked up at Richard and me and said, “I put him away 25 years ago. I do not think you should be letting him out today.” My other memory of him was also shortly after the election when he hosted a dinner at Government House for the newly sworn-in Cabinet. I think that everybody was a bit nervous because it was a bit formal. Richard Court somehow indicated that he would like another bread roll at which point Sir Francis picked up a bread roll and bowled it the length of the table with a fine leg break. It immediately changed the whole atmosphere of the evening. In more recent years I got to know Sir Francis closer through a family relationship. Of course, he was a constituent of mine. Until quite recently I used to frequently see him at the Mosman Park shops doing his shopping. His widow, Margaret, is unfortunately unwell. He spent much of the last year or so at her bedside, caring for her in a most devoted way. Family birthdays, Christmas gatherings and the like have allowed me to see more of a personal side of Francis Burt. He had a devilish sense of humour and was quite irreverent about most things. In every sense he was a true Western Australian. He was passionate about this State. He loved the lackadaisical, carefree lifestyle of this State. I know that all members and this State owe him a great debt and will miss his contribution. On behalf of Liberal and National Party members of Parliament and our respective lay organisations, I also wish to express my condolences to his widow, Margaret, and their children and extended family. MR J.A. McGINTY (Fremantle - Attorney General) [2.09 pm]: Everyone agrees that Sir Francis Burt was the best lawyer of his generation. He was also arguably the greatest jurist ever produced in Western Australia. My first contact with him was in 1970 when, as young students, Bob French and I were the first students elected by the student body to sit on the Senate of the University of Western Australia. Francis Burt displayed a unique ability to understand human nature and to reconcile divergent views. As members of the Senate of UWA we were sometimes presented with seemingly intractable problems for which the diametrically opposing arguments were debated with passion. Incisively, Sir Francis Burt worked through the divergent points of view and suggested a synthesis that happily resolved the issues for all concerned. His gentle, deep voice resonated around the meeting room and those present responded to his reasoning. I have never seen that ability demonstrated since. It was as a state governor that this awesome jurist reached out to the people of Western Australia and cemented his place as one of the few people who could properly be described as a truly great Western Australian. MS A.J. MacTIERNAN (Armadale - Minister for Planning and Infrastructure) [2.11 pm]: I came into contact with Sir Francis Burt on several occasions when I was a law student and I found him to be a most inspirational human being. He addressed our graduating class and exhorted law students to be in touch with the community on which they sat in judgment, and to rise above the elitism that sometimes occurs among the professions.