The Chief Justice of the WA Supreme Court David Malcolm has resigned to take up the chair of law faculty at Notre Dame University.
The Chief Justice of the WA Supreme Court David Malcolm has resigned to take up the chair of law faculty at Notre Dame University.
The speculation is that he will be replaced by someone senior on the bench or by a senior QC. Justices Neville Owen, Christopher Steytler or Christine Wheeler are considered the most likely candidates from the existing judges. Outside of the bench, barrister Chris Zelestis QC is a strong contender.
Official statement
Western Australia's Chief Justice, the Hon David K. Malcolm AC, has announced he will step down early next year to take up a senior academic position with the University of Notre Dame Australia.
The Chief Justice will retire from the Bench on 7 February, 2006. He has accepted an appointment to a Chair of Law at Notre Dame commencing on 8 February, 2006.
Chief Justice Malcolm is Australia's longest-serving Chief Justice currently on the Bench, and has been the chief judicial officer in Western Australia since 26 May, 1988.
He said it had been a great honour and privilege to serve Western Australia over the past 17 years, but it was time to pass the baton and take on new challenges.
His recent long service leave had provided an opportunity for him to reflect on the importance of family and consider a move to academia.
"The demands of this office have intruded into my family life for a very long time," he said. "I have thoroughly appreciated having that extra family time over the past few months and I don't wish to give that up again.
"I am also greatly looking forward to the opportunities offered by my new role at Notre Dame University. This is a very fine university, and it will be exciting to be part of the consolidation of the law programs at the Fremantle campus and to be involved in the creation of a new law school in Sydney.
"I hope that I can make a small contribution to the next generation of legal practitioners. In addition to my association with the University, I hope that there may be other avenues through which I can continue to make a contribution to the life of the Australian community."
Biog
Chief Justice of Western Australia
The Hon. Chief Justice David Kingsley Malcolm AC
The Hon David Kingsley Malcolm AC was appointed Chief Justice of Western Australia in 1988. In 1990 he was appointed Lieutenant Governor of Western Australia. In 1992 he was made a Companion of the Order of Australia. He is the senior member of the Court of Appeal which commenced on 1 February, 2005
He graduated with an LL.B from the University of Western Australia in 1959 with first class honours and was Rhodes Scholar from Western Australia in 1960. In 1962 he obtained his BCL at Oxford with first class honours. He was admitted to practice in 1964. He was a partner with the firm of Freehill Hollingdale & Page and its predecessor firm in Perth from 1964 to 1979.
He acted as Counsel and Deputy General Counsel for the Asian Development Bank based in Manila between 1967 and 1970. He practised widely in many areas of the law including commercial and corporate law, mining, media, shipping and administrative law. He was Chairman of the Law Reform Commission of Western Australia in 1976 and from 1979 to 1982 and a member of the Copyright Tribunal from 1979 to 1982.
He was Queen's Counsel from 1980 to 1988, President of the Western Australian Bar Association from 1981 to 1984 and Vice-President of the Australian Bar Association in 1984. He was Vice-President of the Law Society of Western Australia from 1986 to 1988 and Chairman, Town Planning Appeals Tribunal from 1978 to 1986. He has been the Chairman of the judicial Section of the Law Association for Asia and the Pacific since 1991.
He is the Chairman of the Advisory Board of the Crime Research Centre at the University of Western Australia, President of the Western Australian Branch of the International Commission of Jurists and a member of the Board of Directors of the Society for the Reform of Criminal Law.