John Harber Phillips
Encyclopedia
John Harber Phillips, AC, QC
(18 October 19337 August 2009) was an Australia
n barrister
and an author. He was a judge and also a Chief Justice of Victoria. He was the legal counsel who defended Lindy Chamberlain
on a charge of murder
ing her baby Azaria. His skills as counsel were described as being that of a "very elegant street fighter, swift and deceptive". He was the first Director of Public Prosecutions
for Victoria
and was also a Director of the National Crime Authority.
to parents Anthony Michael and Ivy Muriel Phillips. He attended Presentation Convent and De La Salle College, Malvern and then undertook his tertiary education at the University of Melbourne
where he obtained a LLB degree. He undertook his legal articles at the firm of Dooley & Breen solicitors. He was called to the Victorian Bar in 1959 and read with Victor Belson. He became a Member of the Victorian Bar Council in 1974 and continued to be a member of that Council until 1984. He also served as chairman of the Victorian Criminal Bar Association. He became a Queen's Counsel in 1975 and then a member of Middle Temple at the English Bar in 1979.
against a charge of murdering her daughter, Azaria
. His co-counsel Andrew Kirkham in the trial remarked that Phillips was "one of the best trial lawyers in the country". Phillips was unable to convince the jury of Chamberlain's innocence. As a result of the trial, he lobbied Victorian Premier Jeff Kennett
for the introduction of an independent forensics
institute in Victoria. His lobbying efforts were successful, although he put down his success as being able to ask Kennett shortly after his elevation to Premier. Phillips went on to become the Chairman of the Victorian Institute of Forensic Medicine at its inception in 1985, subsequently the National Institute of Forensic Science at its inception in 1992.
In February 1983 he became Victoria's first Director of Public Prosecutions
. In the following year he was appointed a Justice of the Supreme Court of Victoria
, holding that appointment until 1990. In 1990 he was appointed chairman of the National Crime Authority and also at the same time he also was appointed a Justice of the Federal Court of Australia
. As head of the National Crime Authority and also Victoria’s Director of Public Prosecutions he worked to improve the efficiency of the Courts.
He was appointed as Chief Justice of Victoria in 1991. Phillips was appointed to the court under Attorney General Jim Kennan
. At the time, critics privately labelled Phillips as not being a “legal luminary” and that he had not delivered any “significant rulings “prior to his appointment.
As Chief Justice, Phillips introduced innovations to Victoria's courts. He appointed Australia's first “Courts Media Liaison Committee” in 1993. He also permitted courts to be used in television and film productions, and organised regular workshops for journalists on the legal pitfalls of court reporting conducted by the Courts Information Officer. He also introduced Open Days at the Court in which he personally gave guided tours of the court building.
As Chief Justice, he led what was called the “Spring Offensive”. This offensive involved every judge in the Supreme Court hearing civil cases for a month. The judges worked in teams of ten and disposed of over 1000 cases. The success of that offensive led to another offensive which was termed the “Autumn Offensive” to deal with the remaining backlog of civil cases. He introduced a mediation programme in 1995 and introduced pre-trial management under the “Pegasus Two” programme in 1998 for criminal trials. It was also during his time as chief justice that the Victorian Court of Appeal was introduced in 1995, replacing the Full Court of the Supreme Court of Victoria.
In 1998 he was made a Companion of the Order of Australia
(AC) for "services to the law, law reform, literature and the visual arts". In 2002, he was the Inaugural Chairperson of the Judicial College of Victoria, and he was also the chair of Working Party that set the college up. He presided over a ceremony that marked appointment of notaries locally rather than by the Archbishop of Canterbury. Victoria University awarded him an honorary Doctorate of Laws for his "exceptional contribution to the law and law reform" on 5 August 2003.
that explained about the standard of proof in criminal cases
. He quipped to the court that he thought that "he knew that already". His retirement dinner was held in the Queen Hall at the Victorian Parliament House
on 17 October 2003. At the dinner, Phillips talked about Italian judge Giovanni Falcone
who was murdered in Sicily by explosives placed under a road. Phillips described him as one of his “judicial heroes” rather than legal luminaries such as Garfield Barwick
. At the dinner, the Attorney General described Phillips as “a man who thinks before he speaks, who measures his words and makes each one count”.
He was Patron of the Victorian Women Lawyers (VWL) and patron of Australian Greek Welfare. He was appointed provost of the Sir Zelman Cowan Centre at Victoria University, a joint venture with Cambridge University that provides continuing legal education for lawyers. He had written plays, poetry, a biography, a textbook called “Advocacy with Honour” and had also written a book about Australian criminal Ned Kelly
. In December 2003 he appeared at Victoria Law School as Ned Kelly
in the dramatisation of his play An Irish Tragedy.
John Harber Phillips died on 7 August 2009, aged 75, after a long illness.
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(18 October 19337 August 2009) was an Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and an author. He was a judge and also a Chief Justice of Victoria. He was the legal counsel who defended Lindy Chamberlain
Lindy Chamberlain
Alice Lynne Chamberlain-Creighton was at the centre of one of Australia's most publicised murder trials, in which she was convicted of killing her baby daughter, Azaria. The conviction was later overturned.-Early life:...
on a charge of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
ing her baby Azaria. His skills as counsel were described as being that of a "very elegant street fighter, swift and deceptive". He was the first Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
for Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
and was also a Director of the National Crime Authority.
Early years
Phillips was born on 18 October 1933 in MelbourneMelbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
to parents Anthony Michael and Ivy Muriel Phillips. He attended Presentation Convent and De La Salle College, Malvern and then undertook his tertiary education at the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
where he obtained a LLB degree. He undertook his legal articles at the firm of Dooley & Breen solicitors. He was called to the Victorian Bar in 1959 and read with Victor Belson. He became a Member of the Victorian Bar Council in 1974 and continued to be a member of that Council until 1984. He also served as chairman of the Victorian Criminal Bar Association. He became a Queen's Counsel in 1975 and then a member of Middle Temple at the English Bar in 1979.
Legal career
In 1982 he was engaged to defend Lindy ChamberlainLindy Chamberlain
Alice Lynne Chamberlain-Creighton was at the centre of one of Australia's most publicised murder trials, in which she was convicted of killing her baby daughter, Azaria. The conviction was later overturned.-Early life:...
against a charge of murdering her daughter, Azaria
Azaria Chamberlain disappearance
Azaria Chantel Loren Chamberlain was a nine-week-old Australian baby girl, who disappeared on the night of 17 August 1980 on a camping trip to Uluru with her family. Her body was never found. Her parents, Lindy and Michael Chamberlain, reported that she had been taken from their tent by a dingo...
. His co-counsel Andrew Kirkham in the trial remarked that Phillips was "one of the best trial lawyers in the country". Phillips was unable to convince the jury of Chamberlain's innocence. As a result of the trial, he lobbied Victorian Premier Jeff Kennett
Jeff Kennett
Jeffrey Gibb Kennett AC , a former Australian politician, was the Premier of Victoria between 1992 and 1999. He is currently the President of Hawthorn Football Club. He is the founding Chairman of beyondblue, a national depression initiative.- Early life :Kennett was born in Melbourne on 2 March...
for the introduction of an independent forensics
Forensics
Forensic science is the application of a broad spectrum of sciences to answer questions of interest to a legal system. This may be in relation to a crime or a civil action...
institute in Victoria. His lobbying efforts were successful, although he put down his success as being able to ask Kennett shortly after his elevation to Premier. Phillips went on to become the Chairman of the Victorian Institute of Forensic Medicine at its inception in 1985, subsequently the National Institute of Forensic Science at its inception in 1992.
In February 1983 he became Victoria's first Director of Public Prosecutions
Director of Public Prosecutions
The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several criminal jurisdictions around the world...
. In the following year he was appointed a Justice of the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
, holding that appointment until 1990. In 1990 he was appointed chairman of the National Crime Authority and also at the same time he also was appointed a Justice of the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
. As head of the National Crime Authority and also Victoria’s Director of Public Prosecutions he worked to improve the efficiency of the Courts.
He was appointed as Chief Justice of Victoria in 1991. Phillips was appointed to the court under Attorney General Jim Kennan
Jim Kennan
James Harley "Jim" Kennan SC was an Australian politician and later Adjunct Professor of Law at Deakin University.He earned a Master of Laws from the University of Melbourne...
. At the time, critics privately labelled Phillips as not being a “legal luminary” and that he had not delivered any “significant rulings “prior to his appointment.
As Chief Justice, Phillips introduced innovations to Victoria's courts. He appointed Australia's first “Courts Media Liaison Committee” in 1993. He also permitted courts to be used in television and film productions, and organised regular workshops for journalists on the legal pitfalls of court reporting conducted by the Courts Information Officer. He also introduced Open Days at the Court in which he personally gave guided tours of the court building.
As Chief Justice, he led what was called the “Spring Offensive”. This offensive involved every judge in the Supreme Court hearing civil cases for a month. The judges worked in teams of ten and disposed of over 1000 cases. The success of that offensive led to another offensive which was termed the “Autumn Offensive” to deal with the remaining backlog of civil cases. He introduced a mediation programme in 1995 and introduced pre-trial management under the “Pegasus Two” programme in 1998 for criminal trials. It was also during his time as chief justice that the Victorian Court of Appeal was introduced in 1995, replacing the Full Court of the Supreme Court of Victoria.
In 1998 he was made a Companion of the Order of Australia
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
(AC) for "services to the law, law reform, literature and the visual arts". In 2002, he was the Inaugural Chairperson of the Judicial College of Victoria, and he was also the chair of Working Party that set the college up. He presided over a ceremony that marked appointment of notaries locally rather than by the Archbishop of Canterbury. Victoria University awarded him an honorary Doctorate of Laws for his "exceptional contribution to the law and law reform" on 5 August 2003.
Retirement
Phillips retired on 17 October 2003 when he turned 70, which is the compulsory retirement age for judges in Victoria. He was chief justice for 12 years. At his retirement ceremony he remarked upon receiving a summons to serve on a juryJury duty
Jury duty is service as a juror in a legal proceeding. When a person is called for jury duty in the United States, that service is usually not optional: one must attend or face strict penalties. Employers are not allowed to fire an employee simply for being called to jury duty...
that explained about the standard of proof in criminal cases
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
. He quipped to the court that he thought that "he knew that already". His retirement dinner was held in the Queen Hall at the Victorian Parliament House
Parliament House, Melbourne
Parliament House in Melbourne, located at Spring Street in East Melbourne at the edge of the Melbourne city centre, has been the seat of the Parliament of Victoria, Australia, since 1855 .- History :In 1851, even before the colony of Victoria acquired full parliamentary self-government, Governor...
on 17 October 2003. At the dinner, Phillips talked about Italian judge Giovanni Falcone
Giovanni Falcone
Giovanni Falcone was an Sicilian/Italian prosecuting magistrate born in Palermo, Sicily. From his office in the Palace of Justice in Palermo, he spent most of his professional life trying to overthrow the power of the Mafia in Sicily...
who was murdered in Sicily by explosives placed under a road. Phillips described him as one of his “judicial heroes” rather than legal luminaries such as Garfield Barwick
Garfield Barwick
Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...
. At the dinner, the Attorney General described Phillips as “a man who thinks before he speaks, who measures his words and makes each one count”.
He was Patron of the Victorian Women Lawyers (VWL) and patron of Australian Greek Welfare. He was appointed provost of the Sir Zelman Cowan Centre at Victoria University, a joint venture with Cambridge University that provides continuing legal education for lawyers. He had written plays, poetry, a biography, a textbook called “Advocacy with Honour” and had also written a book about Australian criminal Ned Kelly
Ned Kelly
Edward "Ned" Kelly was an Irish Australian bushranger. He is considered by some to be merely a cold-blooded cop killer — others, however, consider him to be a folk hero and symbol of Irish Australian resistance against the Anglo-Australian ruling class.Kelly was born in Victoria to an Irish...
. In December 2003 he appeared at Victoria Law School as Ned Kelly
Ned Kelly
Edward "Ned" Kelly was an Irish Australian bushranger. He is considered by some to be merely a cold-blooded cop killer — others, however, consider him to be a folk hero and symbol of Irish Australian resistance against the Anglo-Australian ruling class.Kelly was born in Victoria to an Irish...
in the dramatisation of his play An Irish Tragedy.
John Harber Phillips died on 7 August 2009, aged 75, after a long illness.
Sources
- Who's Who Australia.