Supreme Court

31 October 2002 - Retirement of the Hon Justice Henry Wallwork

Media Statement by the Hon David K Malcolm AC CitWA, Chief Justice of Western Australia

The Hon Justice Henry Wallwork retired as a Judge of the Supreme Court today, 31 October 2002. His Honour, who is renowned for his modesty and unassuming manner specifically requested that there be no formal farewell sitting of the Full Court to mark his retirement. While his wishes have been respected, there are many among the Judiciary and members of the legal profession who would wish to pay tribute to his Honour's work on the bench since his appointment was announced just over 13 years ago on 18 October 1989. His Honour was then aged 54.

Justice Wallwork obtained his Bachelor of Law degree from the University of Western Australia in 1956 and was admitted to practice on 23 December 1958. He was admitted to the partnership of Mazza, Wallwork and Torre in 1959. His practice was a general one in those days with a particular emphasis on criminal law and accident cases. He commenced practice at the Independent Bar in 1965 and was one of the very small group of independent barristers led by the former Chief Justice, Sir Francis Burt, who was then the acknowledged leader of the Bar. Justice Wallwork became one of the leading members of the Bar and was appointed Queen's Counsel in 1980.

His Honour was a member of the Council of the Law Society of Western Australia for 10 years, and Editor of the West Australian Reports which publish judgments of the Supreme Court, for six years. His Honour was President of the Western Australian Bar Association in 1973-1974. He is a former President of the Civil Rehabilitation Council of WA, a former member of the Royal Australian Naval Reserve and an elected member of the Aboriginal Legal Service of Western Australia.

Justice Wallwork was a consultant to the Commonwealth Law Reform Commission on the reference regarding Federal offenders from 1985 to 1988. He was President of the State Equal Opportunity Tribunal from 1985-1989, a member of the Senate of Murdoch University from 1984?1990 and a member of the Legal Aid Commission from 1986-1989.

As counsel, his Honour appeared in a significant number of major criminal trials and appeals, as well as in a range of other significant cases. As a Judge, while his Honour was a substantial contributor to the criminal jurisdiction of the Court, he also served as Deputy Chairman and later Chairman of the Criminal Practice and Procedure Committee, following the retirement of Judge Pidgeon in February 2001, the Children and Vulnerable Witnesses Committee and a number of other Committees. He also made a very substantial contribution to the civil and criminal jurisdiction of the Court at the appellate level. His Honour has been the Judge in Charge of the Criminal List of the Court since February 2001, which he has managed with enthusiasm, dedication and sensitivity.

Following the retirement of the Hon Justice Ipp on 1 March 2002, his Honour became the most senior Judge of the court after the Chief Justice. This meant that whenever the Chief Justice was absent from the Court, he became Acting Chief Justice, a role he has fulfilled with considerable distinction. There have also been occasions over recent years when it has fallen to him to be Deputy of His Excellency the Governor, a role which he has carried out with dignity and typical humility.

To all who know him, Justice Wallwork is held in the highest of esteem for his wisdom, compassion, common sense, legal skill, his vast knowledge of the criminal law, as well as his capacity to tackle areas of the law with which he may have been less familiar with humility, but also with great ability to get to the heart of the matter. These attributes, combined with his genuine desire "to do right to all manner of people" consistent with his judicial oath have marked him out as a very special figure as a Judge who has been a great contributor to the life and work of the Court and who will be sorely missed.

On behalf of all of the members of the Supreme Court and the staff of the Court as well as from a deep sense of personal friendship and admiration, I wish his Honour a long and healthy retirement.