{"id":11020,"date":"2018-08-02T20:58:07","date_gmt":"2018-08-02T10:58:07","guid":{"rendered":"http:\/\/sites.thomsonreuters.com.au\/journals\/?p=11020"},"modified":"2024-07-10T04:21:06","modified_gmt":"2024-07-10T04:21:06","slug":"alj-tribute-to-sir-laurence-whistler-street-ac-kcmg-kstj-qc","status":"publish","type":"post","link":"https:\/\/sites.thomsonreuters.com.au\/journals\/2018\/08\/02\/alj-tribute-to-sir-laurence-whistler-street-ac-kcmg-kstj-qc\/","title":{"rendered":"ALJ Tribute to Sir Laurence Whistler Street AC KCMG KStJ QC"},"content":{"rendered":"

Commodore Sir Laurence Street AC KCMG QC, the fourteenth Chief Justice\u00c2\u00a0of the NSW Supreme Court and former Lieutenant-Governor of New South Wales, died on 21 June 2018, and a state funeral was held in his honour on 5 July 2018\u00c2\u00a0at the Sydney Opera House. <\/em><\/p>\n

The following obituary was written by The Hon Arthur R Emmett AO QC<\/strong>, Acting Judge of the New South Wales Court of Appeal, and will be published in the forthcoming July issue of\u00c2\u00a0The Australian Law Journal<\/a>.<\/em><\/p>\n

\"\"<\/a>

Sir Laurence Street AC KCMG QC (Source: State of New South Wales Department of Premier and Cabinet)<\/p><\/div>\n

Laurence Lillingston Whistler Street<\/strong> died 12\u00c2\u00a0days short of his 92nd\u00c2\u00a0birthday on the night of the winter solstice, 21\u00c2\u00a0June 2018.\u00c2\u00a0 Although he had a privileged life, it was one of great service.\u00c2\u00a0 He was the fourth and last child of Kenneth Whistler Street and Jessie Mary Grey Street, each of whom achieved much in their respective lives.\u00c2\u00a0 At the time of Laurence\u00e2\u20ac\u2122s birth in 1926, his grandfather, Philip Whistler Street, was the Chief Justice and Lieutenant Governor of New South Wales and his father was a barrister. Laurence was named after his uncle, Laurence Whistler Street, who was killed at Gallipoli in 1915 at the age of 21.<\/p>\n

In October 1931, Kenneth Street was appointed as a judge of the Supreme Court, joining his father on the Court, where they occasionally sat together on Full Courts.\u00c2\u00a0 On those occasions, the third member of the bench was referred to as \u00e2\u20ac\u0153the Holy Ghost\u00e2\u20ac\u009d.\u00c2\u00a0 In 1950, Kenneth Street, was appointed as Chief Justice and Lieutenant Governor, following his father in those offices.<\/p>\n

When Laurence finished school in 1943, at the age of 17, he enlisted in the Royal Australian Navy. He began below decks as an ordinary seaman but, after initial training at HMAS Kuttabul, was selected for the Officer Training School, from which he graduated as a midshipman, with the unique mark of 100%, the first candidate to do so.\u00c2\u00a0 He saw active service in the Pacific aboard the corvette, HMAS Ipswich, and was aboard HMAS Ipswich in Tokyo Bay when General Douglas MacArthur received the Japanese surrender.<\/p>\n

After demobilisation in 1947, Laurence, unsurprisingly, undertook a degree in Law at Sydney University Law School.\u00c2\u00a0 While at Law School, Laurence was associate to Mr Justice William Owen, who was the third generation of his family to hold office as a judge, something that Laurence was to emulate. William Owen was afterwards appointed to the High Court of Australia.<\/p>\n

Laurence graduated with honours as Bachelor of Laws and was admitted to the Bar of New South Wales in 1951, where he read with Bruce Macfarlan, who became a Supreme Court judge, sitting in the Commercial List.\u00c2\u00a0 One of Laurence’s pupils was Kenneth Handley, who was subsequently appointed to the New South Wales Court of Appeal. One of Handley\u00e2\u20ac\u2122s pupils was David Bennett, subsequently Commonwealth Solicitor-General. \u00c2\u00a0One of Bennett\u00e2\u20ac\u2122s pupils was Robert Macfarlan, Bruce\u00e2\u20ac\u2122s son, who is now a member of the Court of Appeal.\u00c2\u00a0\u00c2\u00a0 Laurence\u00e2\u20ac\u2122s second son, Alexander, read with Robert Macfarlan, completing a unique circle.<\/p>\n

In 1952, Laurence married Susie Watt, the daughter of Ernest and Ruth Watt.\u00c2\u00a0 Ernest was the scion of one of the founders of Gilchrist Watt and Sanderson Ltd, a well-known shipping agent and a regular litigant in the Commercial List.\u00c2\u00a0 Susie\u00e2\u20ac\u2122s grace and her practical sensibilities were a great support for Laurence in his professional life, particularly after he was appointed to the Supreme Court.\u00c2\u00a0 Laurence and Susie had four children, Sylvia, Kenneth, Alexander and Sarah.<\/p>\n

At the Bar, Laurence established a stellar reputation for his sound understanding of legal principle, particularly in commercial and admiralty law and insolvency. \u00c2\u00a0He was a superb advocate and appeared regularly with Sydney\u00e2\u20ac\u2122s leading counsel. Urbane and suave, Laurence acquired the nickname of \u00e2\u20ac\u0153Lorenzo the Magnificent\u00e2\u20ac\u009d, after Prince Lorenzo de Medici.\u00c2\u00a0 His princely demeanour served him well in court.\u00c2\u00a0 On one occasion, when appearing for a defendant company owned by the Belgian government, he announced to a District Court judge that he had the honour to appear for the King of the Belgians, who did not condescend to submit to the jurisdiction of a foreign court.\u00c2\u00a0 Laurence\u00e2\u20ac\u2122s submissions were so beguiling that the plaintiff’s counsel ended by apologising on behalf of his client for inconveniencing His Majesty.<\/p>\n

Laurence was appointed as Queen\u00e2\u20ac\u2122s Counsel in 1963 but, although he appeared as silk in the Privy Council, he was not destined to have a long career as senior counsel.\u00c2\u00a0 One of his successes as senior counsel was in the Royal Commission into the tragic collision between HMAS Melbourne and HMAS Voyager in 1964, which resulted in the loss of 82 lives.\u00c2\u00a0 Laurence appeared for the interest of Captain Duncan Stevens, the commander of HMAS Voyager, who had died in the collision.\u00c2\u00a0 The commander of HMAS Melbourne, Captain John Robertson, who was without fault, eschewed legal assistance.\u00c2\u00a0 Laurence\u00e2\u20ac\u2122s skill led to findings adverse to Captain Robertson.\u00c2\u00a0 However, Laurence’s humanity caused him to perceive the great disadvantage under which Captain Robertson laboured and Laurence was instrumental in the establishment in Sydney in 1964 of the Naval Reserve Legal Panel.\u00c2\u00a0 Laurence was promoted to the rank of Commander and named as the first head of the Panel. \u00c2\u00a0He has been succeeded by eminent jurists over the more than 50 years of the Panel\u00e2\u20ac\u2122s existence.\u00c2\u00a0 Two of his children, Lieutenant-Commander Sylvia Emmett and Commander Alexander Street, are presently members of the Panel.<\/p>\n

Laurence\u00e2\u20ac\u2122s insolvency practice resulted in his appointment as Challis Lecturer in Bankruptcy at Sydney University Law School, emulating his grandfather.\u00c2\u00a0 In 1965, it was necessary for him to teach the intricacies of bankruptcy to his last class, under the shadow of proposed new bankruptcy legislation.\u00c2\u00a0 As a member of the class, I can vouch for the skill with which Laurence expounded clearly and intelligibly the underlying concepts of bankruptcy by reference to the existing bankruptcy legislation as well as the proposed new legislation, which became the Bankruptcy Act<\/em> 1966 <\/em>(Cth).<\/p>\n

At the end of 1965, Laurence was appointed to the Supreme Court and sat in Equity from the time of his appointment.\u00c2\u00a0 In 1972, he was appointed Chief Judge in Equity, again following in the footsteps of his grandfather.\u00c2\u00a0 As a trial judge, Laurence developed an excellent relationship with the Equity bar, relying on regular Equity practitioners to give assurances that the papers and evidence were in order for the granting of the relief sought.\u00c2\u00a0 A practitioner who failed Laurence\u00e2\u20ac\u2122s trust was thereafter at a considerable disadvantage.\u00c2\u00a0 On one occasion, that cooperation between Bench and Bar enabled Laurence to dispose of over 280 cases in the Company List in a single day, without assistance from Masters or Registrars, a feat with which he was justly pleased.\u00c2\u00a0 I saw part of that feat as instructing solicitor in several of the matters.<\/p>\n

As a result of Laurence\u00e2\u20ac\u2122s commercial experience and expertise at the Bar, the Equity Court, and after 1972, the Equity Division of the Supreme Court, became the desired forum in Australia for the resolution of commercial disputes.\u00c2\u00a0 Laurence\u00e2\u20ac\u2122s capacity, as a trial judge, to get to the heart of a case was renowned.\u00c2\u00a0 By detailed preparation of material, he was able to give prompt judgments that almost invariably stood up on appeal.\u00c2\u00a0 In short cases, he regularly gave ex tempore <\/em>decisions, when he would line up the affidavits and law reports and move up and down the bench, referring to documents and to authorities, delivering concise but comprehensive judgments in clear and unambiguous language.<\/p>\n

Laurence was equally at home with complex cases.\u00c2\u00a0 For example, in July 1972, Ampol Petroleum Ltd brought proceedings to set aside a very substantial allotment of shares made by RW Miller Holdings Ltd to Howard Smith Ltd as a means of defeating a hostile takeover offer by Ampol.\u00c2\u00a0 The proceedings, which involved significant questions of directors\u00e2\u20ac\u2122 duties and powers, were brought on urgently and, by December 1972, Laurence had conducted a hearing of some three weeks and given judgment setting aside the allotment.\u00c2\u00a0 Sydney\u00e2\u20ac\u2122s leading commercial counsel appeared for the various parties involved in the proceedings, and despite occasional tension between them, Laurence\u00e2\u20ac\u2122s exerted authority and urbanity ensured that the litigation was conducted with the highest level of respect and competence, something I saw first-hand as instructing solicitor for Ampol. An appeal straight to the Privy Council, which was possible at the time, was dismissed.\u00c2\u00a0 The members of the Privy Council showered considerable praise on him for the speed and competence with which the proceedings had been heard and disposed of.<\/p>\n

In the early 1960s, Laurence and Susie acquired \u00e2\u20ac\u0153Golden Valley\u00e2\u20ac\u009d, a property bordering on the Wollondilly River at Canyonleigh, where they bred quarter horses and from time to time ran steers, conducting the operations entirely by themselves, even after Laurence\u00e2\u20ac\u2122s appointment to the Supreme Court.\u00c2\u00a0 After Laurence adjourned his Court on Friday afternoons, Susie would collect him in Macquarie Street, dressed in his striped trousers, black jacket and Homburg, and the family would then drive to Golden Valley with their various pets, including a kangaroo and a wombat.\u00c2\u00a0 Laurence had an abiding love for the poetry of\u00c2\u00a0\u00e2\u20ac\u0153Banjo\u00e2\u20ac\u009d Paterson, who had practised in partnership with his great uncle, John William Street.\u00c2\u00a0 The \u00e2\u20ac\u0153dingy little office\u00e2\u20ac\u009d referred to in \u00e2\u20ac\u0153Clancy of the Overflow\u00e2\u20ac\u009d was the office of Street & Paterson in Phillip Street Sydney.\u00c2\u00a0 Laurence would entertain his children on the long drive to Golden Valley by reciting by heart \u00e2\u20ac\u0153Clancy of the Overflow\u00e2\u20ac\u009d, \u00e2\u20ac\u0153The Man from Snowy River\u00e2\u20ac\u009d and many others.\u00c2\u00a0 Riding \u00e2\u20ac\u0153Doctor\u00e2\u20ac\u009d, a handsome chestnut stallion, Laurence would lead his family on expeditions to picnic spots on Golden Valley, where they would boil a billy and cook on an iron plate over a fire lit by Laurence by rubbing sticks together, and camp under the stars. It was quite disarming to see the urbane and suave Laurence breaking in foals, drenching horses and handling bullocks in the cattle crush.<\/p>\n

When Sir John Kerr resigned as Chief Justice to become Governor-General in 1974, Laurence was appointed as Chief Justice and Lieutenant-Governor. \u00c2\u00a0He thus became the third generation of his family to hold those offices.\u00c2\u00a0 In 1976, he was made a Knight Commander of the Order of St Michael and St George, an honour traditionally conferred on a colonial chief justice, as Laurence was pleased to call himself. While Kenneth Street had seen his son become the third Street to hold office as a judge of the Supreme Court, he did not survive to see him become the third Street Chief Justice.<\/p>\n

Most of Laurence\u00e2\u20ac\u2122s sitting time as Chief Justice was spent presiding in the Court of Criminal Appeal. \u00c2\u00a0His capacity to give ex tempore<\/em> judgments enabled that court to achieve a high reputation for speed and justice, yet engendering with litigants a sense of having had a fair hearing. However, while Laurence brought a keen, analytical mind, together with consistency and efficiency to the administration of criminal justice, his appointment as Chief Justice so early in his judicial career resulted in the loss to the commercial community of the country\u00e2\u20ac\u2122s leading commercial judge.<\/p>\n

Nevertheless, Laurence’s understanding of commerce enabled him to see the importance of the Commercial List. He persuaded Andrew Rogers to accept an appointment to the Supreme Court and was instrumental in having a separate Commercial Division of the Supreme Court established, of which Andrew Rogers was appointed as the first Chief Judge.\u00c2\u00a0 Laurence supported the innovations introduced in the Commercial Division, which became a leading innovator in the conduct of commercial litigation in the common law world.<\/p>\n

Shortly after Laurence\u00e2\u20ac\u2122s appointment as Chief Justice, stirrings began for the creation of a generalist, superior federal court, which Laurence opposed, arguing that there was no reason why the State courts could not continue to exercise federal jurisdiction as they had been doing since federation.\u00c2\u00a0 However, in 1976 the Federal Court of Australia was created as a separate, generalist court exercising federal jurisdiction.\u00c2\u00a0 Nigel Bowen, who had succeeded Laurence as Chief Judge in Equity, was appointed as the first Chief Judge, later Chief Justice, of the Federal Court of Australia. At much the same time, the Family Court of Australia was created. Jurisdiction that had previously been vested in State Supreme Courts was conferred upon the two new courts and the Federal Court was given certain of the first instance jurisdiction that had been exercised by the High Court.<\/p>\n

In 1977, judges first sat in the new Law Courts Building in Queens Square, accommodating both State and federal judges.\u00c2\u00a0 Laurence had a hand in the design of the State floors and presided over the first sittings of the Supreme Court in the new ceremonial Banco Court.\u00c2\u00a0 The judges of the new Federal Court occupied the higher floors of the building.<\/p>\n

However, tensions developed between Laurence, as Chief Justice of NSW, and Nigel Bowen, as Chief Judge of the Federal Court. The tensions manifested themselves in two ways.\u00c2\u00a0 First, Laurence confirmed the authority of the judges over their courthouse. As originally designed, there were two lobbies in the new building, one for the State and one for the Commonwealth, and Laurence directed that the doorway between the two lobbies be closed temporarily, preventing access from one to the other.\u00c2\u00a0 Secondly, a disagreement arose as between Laurence and Nigel Bowen as to who should take precedence in connection with the traditional opening of law term service at St James Church, King Street, when it was customary for the State judges to process to Sydney\u00e2\u20ac\u2122s traditional legal church in ceremonial robes.\u00c2\u00a0 Laurence’s view, that the service was a State affair and not a Commonwealth affair, prevailed, with the consequence that federal judges have never participated in the procession and, to the extent that they have attended the church service, they have done so in \u00e2\u20ac\u0153mufti\u00e2\u20ac\u009d.<\/p>\n

One of Laurence\u00e2\u20ac\u2122s important achievements as Chief Justice concerned the establishment in 1987 of the Judicial Commission of New South Wales, which he regarded as the most public and difficult battle that he fought as Chief Justice, steering a course between Scylla and Charybdis. In exchange for what was perceived to be a significant incursion into judicial independence, the judges accepted the benefits of the education and sentencing functions provided by the new body. The compromise that he brokered with the State government, which was perceived as a significant victory for the judges, was that the new body would be independent of the executive.\u00c2\u00a0 Laurence was appointed as the first head of the Judicial Commission when established.<\/p>\n

At the end of 1988, Laurence resigned from the Supreme Court after 23 years as a judge, 14\u00c2\u00a0of them as Chief Justice. In 1990, Laurence and Susie were divorced.\u00c2\u00a0 Susie married John Rankine, an eminent Australian civil engineer, and Laurence married Penny Ferguson, who had been private secretary to the Governor.\u00c2\u00a0 Laurence and Penny had one child, a daughter, whom they named Jessie, after Laurence\u00e2\u20ac\u2122s mother.<\/p>\n

Following his resignation, Laurence embarked on a new career in Alternative Dispute Resolution.\u00c2\u00a0 His personal charm and understanding of and ability to deal with people, as well as his deep knowledge of the law, enabled him to establish a unique practice throughout Australia.\u00c2\u00a0 He became known as \u00e2\u20ac\u0153the Father of Mediation\u00e2\u20ac\u009d both in Australia and internationally. Laurence also chanced his arm in commerce and sport, becoming chairman of John Fairfax and Sons Limited and chairman of the National Rugby League judiciary.\u00c2\u00a0 In 1989, Laurence was appointed as a Companion of the Order of Australia.<\/p>\n

Following his death, Laurence’s life was recognised at a State Funeral in the Concert Hall of the Sydney Opera House conducted by Dr John Vallance, State Librarian. Tributes were given by Penny Street, his widow, by the Honourable Malcolm Turnbull MP, Prime Minister, by the Honourable Murray Gleeson AC QC, former Chief Justice of the High Court of Australia, who succeeded Laurence as Chief Justice of New South Wales, and by Rear Admiral Jonathan Mead, Fleet Commander of the Royal Australian Navy.\u00c2\u00a0 Readings were given by the Honourable Tom Bathurst AC, the Lieutenant-Governor and Chief Justice of New South Wales, by the Honourable Andrew Rogers AO QC, and by each of Laurence\u00e2\u20ac\u2122s five children.\u00c2\u00a0 The ceremony was attended by over 1000 people and ended with the \u00e2\u20ac\u0153Last Post\u00e2\u20ac\u009d and \u00e2\u20ac\u0153Reveille\u00e2\u20ac\u009d by a Navy bugler, and Purcell\u00e2\u20ac\u2122s \u00e2\u20ac\u0153Funeral Sentences for Queen Mary\u00e2\u20ac\u009d, played by the brass and percussion of the Sydney Symphony Orchestra, as Laurence\u00e2\u20ac\u2122s coffin, draped in the White Ensign and bearing Navy sword and cap, was borne from the Opera House by serving sailors.\u00c2\u00a0 Laurence was cremated at Northern Suburbs Cemetery following a private service conducted by the Rev Andrew Sempell, Rector of St\u00c2\u00a0James’s, King Street.<\/p>\n

Laurence is survived by his three daughters, Judge Sylvia Emmett of the Federal Circuit Court of Australia, Sarah Farley, a legal recruiter, and Jessie Street, a law graduate, and his two sons, Kenneth Street, a successful Southern Highlands businessman, and Judge Alexander Street, also of the Federal Circuit Court of Australia. He is also survived by 15 grandchildren and 5 great grandchildren.<\/p>\n

To adapt Catullus 101: Atque in perpetuum, Socer, ave atque vale<\/em><\/strong><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

Commodore Sir Laurence Street AC KCMG QC, the fourteenth Chief Justice\u00c2\u00a0of the NSW Supreme Court and former Lieutenant-Governor of New South Wales, died on 21 June 2018, and a state funeral was held in his honour at the Sydney Opera House on 5 July 2018. This obituary and tribute was written by The Hon Arthur R Emmett AO QC, Acting Judge of the New South Wales Court of Appeal (to be published in the forthcoming July issue of\u00c2\u00a0The Australian Law Journal).<\/p>\n","protected":false},"author":2,"featured_media":11031,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[179,38],"tags":[178,12248,12249,12250,12251],"class_list":["post-11020","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-australian-law-journal","category-journals","tag-alj","tag-chief-justice-of-the-supreme-court-of-new-south-wales","tag-commodore-sir-laurence-street-ac-kcmg-qc","tag-laurence-lillingston-whistler-street","tag-the-hon-arthur-r-emmett-ao-qc"],"_links":{"self":[{"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/posts\/11020","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/comments?post=11020"}],"version-history":[{"count":0,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/posts\/11020\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/media\/11031"}],"wp:attachment":[{"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/media?parent=11020"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/categories?post=11020"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/sites.thomsonreuters.com.au\/journals\/wp-json\/wp\/v2\/tags?post=11020"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}