Adapting to advance justice — Chaney J’s farewell from the Supreme Court
Not many judges have three ceremonial sittings in their honour.
The farewell sitting to farewell John Chaney from the Supreme Court of Western Australia paid tribute to his service to more than four decades of “conspicuous public service”, as Attorney-General John Quigley described it, where he “always devoted a significant amount of your time to the voluntary work for the benefit of the profession and the wider community”.
As a judge of the District and Supreme courts and as inaugural deputy and second president of the State Administrative Tribunal (SAT), Chief Justice Wayne Martin noted that his career hasn’t just been about operating in jurisdictions, but creating them too.
His contributions to the law are wide, though exist more than just in the positions he holds but what he does when he has held them.
As Hayley Cormann, president of the Law Society of WA, noted when Chaney held her position he established the Litigation Assistance Fund and Law Access to improve access to justice.
In 1991 your Honour commented in the Law Society’s brief journal that remarks had been made by a member that the Law Society was involving itself too much in so-called “community stuff”, rather than concentrating on protecting the interests of the profession. Your Honour responded that the simple answer is that the profession does not exist in a vacuum. Unless it is seen to be making itself relevant and making a real contribution to the community, it will be seen as self-serving and irrelevant.
Your Honour’s comment is as relevant now as it was nearly 30 years ago, if not more so.
- Hayley Cormann, President of the Law Society of WA
Mr Quigley noted that as deputy and subsequent president of the SAT, no member would be expected to carry a case load or responsibilities that Chaney was not prepared to carry himself. “Leading in this way not only contributed to the effectiveness and the efficiency of the tribunal but importantly, it enhanced its morale and camaraderie.”
Also at the SAT, Chaney worked hard to make sure the Tribunal had its own identity and building. The building now sits as a model of architecture to facilitate access to justice.
Additionally, the learnings from the establishment and operation of the SAT have been exported to other jurisdictions around the country as a model to build off.
Underpinning his contributions lies Chaney’s exceptional modesty. As Quigley explained, at the 2018 Piddington Bali Conference, Chaney said “It’s actually quite hard being a judge, especially if you’re a person of modest talent”.
He said this in front of Quigley, adding it was ok to say this because “the Attorney-General can’t sack me now”.
This was a quality that put counsel and witnesses at ease.
Quigley also spoke about Chaney’s contributions to academia, where he held faculty roles at the universities of WA, Murdoch and Notre Dame. The latter two of which he was involved in the establishment.
Throughout the farewell Chaney’s commitment to justice and capacity to adapt was highlighted, with Martin CJ considering him an exceptional all-rounder.
You’ve served with distinction in all areas of the court’s jurisdiction, including the conduct of a number of long and extremely complex cases.
- Chief Justice Wayne Martin
Matt Howard SC, president of the WA Bar Association, spoke about how Justice Chaney sought to make sure everyone was fully heard in his court so what he could make the correct decision.
You were open to being persuaded on a point and if your Honour was ultimately against the point or the proposition, one was left with the feeling of both being fully heard and that your Honour’s decision was almost certainly correctly.
- Matt Howard SC, president of the WA Bar Association
Originally avoiding a farewell ceremony, Chaney decided to on the advice of others this was “an opportunity to publicly acknowledge the multitude of people who provide the support without which a judge simply could not function effectively”.
When I started as a judge, I resolved that I would always remember the stress experienced by a barrister appearing in court and certainly, I really felt it and I resolved that I would recognise that by being patient and understanding with counsel and even more so with litigants in person and I think, for a long time, I managed that.
- John Chaney
Paying tribute to his many colleagues from private practice, the independent bar, the District Court, the SAT and the Supreme Court, Chaney highlighted that his colleagues were hard working and set a high standard for him to strive toward.
Importantly, he spoke to the contributions of the administrative staff who “toil away largely behind the scenes to make the court function”. He highlighted though that the court could not function without their dedication.
Chaney thanked his associates and personal staff, but held his fondest thanks to the long-serving Toni Sherwood, saying that “one of the things I will miss most in retiring is working with Toni”.
In closing, Chaney noted that while he had a demanding career across his roles, his children appreciated his work. His children, said Chaney, “wanted to acknowledge their appreciation that, to use (their) words, ‘the effort that I put into my work had contributed to them having almost all they have’. That they look back on my working life as a positive thing for them is perhaps the most pleasing thing that anyone has said to me on my retirement.”
Throughout it all stood Chaney’s commitment to service and justice.
Service to the community does not, of course, mean that the judiciary should pander to campaigns generated from time to time by popular press. Rather, the community’s interests are served by the proper and careful application of the law, the maintenance of an impartial judiciary and enduring respect, fairness and sound judgment in relation to everyone involved in the court process.
- John Chaney, at his welcome ceremony to the District Court (2004)
