“Call me Wayne”, Martin CJ retires from the bench
After more than 12 years as the Chief Justice of Western Australia, the Hon Wayne Martin held his farewell sitting on Friday 20 July 2018.
His appointment in 2006 came off the back of being a leader of the profession in the roles he held, his stature as a professional, his intellectual might and his commitment to justice and the community.
The Hon Jim McGinty, who was the Attorney-General at the time of Martin’s appointment, sought a Chief Justice who would reform and bring the courts into the 21st Century.
At Martin CJ’s farewell on Friday, this was heralded by the current leaders of the law.
The Court’s longest serving judge, the Hon Justice Rene Le Miere, oversaw the ceremony.
Le Miere J noted that Martin CJ’s zeal for reform and improving access to justice meant early in his tenure saw some members of the profession referred to the Court as Wayne’s World.
The Chief Justice bears a heavy responsibility, Wayne Martin accepted that responsibility from the moment he took office. He has given a total commitment to the role.
So much time and so much of himself for more than 12 years.
Le Miere J explained that Martin CJ did not do this alone, and paid tribute to his wife. “A person does not successfully fulfill the role of Chief Justice alone.”
At the Court’s regular open days, Le Miere J said that Martin CJ would be at the front door welcoming people into the Court. In democratising the Court, Martin CJ said to staff that they should “call me Wayne,” said Le Miere J.
As the head of the judiciary, Le Miere J said that Martin CJ gave them a clear and respected voice.
The Attorney-General of Western Australia, the Hon John Quigley, explained that his own relationship with Martin CJ went back to law school, where they studied together.
Quigley said that he used Martin’s notes while studying, and that as Attorney-General he was now the beneficiary of his wise counsel.
Quigley noted that Martin’s contribution to the administration of justice, pointing to his time as chairman of the Law Reform Commission of Western Australia.
As head of the Commission, he led the largest project ever undertaken by the institution. “It is worth reflecting upon how groundbreaking it was and how much it shaped the reforms in the law in the last two decades,” said Quigley as he pointed to the Magistrates Court Act, the development of the State Administrative Tribunal and the Criminal Procedure Act.
Quigley described these as things which “now seem to have always been apart of the legal and justice system of this state”.
Hayley Cormann, as President of the Law Society of Western Australia, noted how special the Ceremony was. She was admitted in 2007 by Martin CJ, and now found herself addressing the Court at his farewell.
Ms Cormann said that Martin CJ “never faltered in your pursuit of, or passion for, justice”.
Though the role of Chief Justice comes with limited powers defined by statute or case law, those who hold it make it their own through their leadership. She spoke to his commitment to justice, especially for Indigenous people.
Matt Howard SC, as President of the Western Australian Bar Association, spoke to Martin CJ’s command of the vernacular and good humour.
“But because of X isn’t it goodnight nurse for your argument?”
“That’s not a difficulty for your case, turnaround your middle-stump is out of the groud.”
This built on Le Miere J’s point that when Martin CJ came to the office, some practitioners felt they had to prepare extra hard so as not to be “Wayne’d”
Howard SC paid tribute to how Martin CJ sought to help the community feel they have a relationship with and stake in the justice system.
“Your Honour has remade the idea of what it means to be Chief Justice.”
— Matt Howard SC
Chief Justice Martin said that after 12 years that this had been a job he had greatly enjoyed doing, but requires reneweal and the benefit of fresh eyes.
“Every case is the most important case ever to the people involved in it.”
— The Hon Wayne Martin AC QC
Martin CJ said that he sought to explain to the community that systemic disadvantage, like that of Indigenous issues, led to matters before the justice system.
Throughout Martin’s term the rise of value in mineral resources, he said, was not more valuable than our human resouces and that he sought to give greater opportunity to all. He also saw his role as being a legal Harry Butler, seeking to explain what the justice system does and why.
Martin thanked the many staff of the Court and colleagues across government. Christina Curtis and Val Buchanan were thanked as being with Martin CJ since his first day at the Court, and were “my right arm and left arm”.
Martin CJ thanked his associates in his time on the bench: Catriona Macleod, Serena Wells, Gregory Dale, Lauren Butterly, Tom Pontre, Roxanne Moore, Karina Travaglione, Tim Goyder, Chris Mofflin, Ralph Timpani , Emma Salsano, Eric Chan, Liam Elphick, Mattheo Vinciullio and Emily Archer.
Martin CJ said he hoped his children had a small measure of pride in their father, which would not compare to what he had in them.
Martin thanked his wife, Margie, for her counsel, advice and support throughout the role. “It would not have been possible to discharge the responsibilities of this office without her support.”
Martin CJ said he did not know what his life following the Court will be, but he said it will not involve proper retirement or legal practice.
“The community owns the justice system of this State.”
— The Hon Chief Justice Wayne Martin, 1 May 2006 at his welcome ceremony
Wayne Stewart Martin was appointed to the Supreme Court of Western Australia on 1 May 2006. He was appointed as a Judge of the Court, a Judge of the Court of Appeal and as the Chief Justice of Western Australia. Chief Justice Martin was appointed a Companion in the General Division of the Order of Australia on 11 June 2012.
He was born on 28 December 1952 and attended North Perth Primary School and Christchurch Grammar School.
He graduated with a Bachelor of Laws (First Class Honours) in 1973 from the University of Western Australia and was an articled clerk with Lavan & Walsh, Perth.
He completed a Master of Laws from the University of London in 1975 and was admitted to practice in Western Australia in 1977.
After being a Senior Litigation Partner with Keall Brinsden, Perth, from 1984–88, he joined the Independent Bar in 1988 and was appointed a Queens Counsel 1993. From 2001–2003, he was Counsel assisting the HIH Royal Commission in Sydney.
He served as President WA Bar Association from 1996–1999, Chairman of Law Reform Commission of WA from 1996–2001, President of the Law Society in 2006 and Director, Law Council of Australia in 2006.
He was Chief Justice of Western Australia from 2006–2018.
