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Hal Wootten

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Hal Wootten
AC, QC
Puisne judge of the Supreme Court of New South Wales
In office
14 March 1973 (1973-03-14) – 7 October 1983 (1983-10-07)
Personal details
Born
John Halden Wootten

(1922-12-19)19 December 1922
Tweed Heads, New South Wales, Australia
Died27 July 2021(2021-07-27) (aged 98)
CitizenshipAustralian
SpouseGillian Cowlishaw
Alma materUniversity of Sydney
ProfessionBarrister
Academic
Judge
Aboriginal and human rights lawyer
Social justice advocate

John Halden Wootten AC QC (19 December 1922 – 27 July 2021) was an Australian lawyer and legal academic and the founder of the University of New South Wales Faculty of Law, of which he was the Foundation Chair and its inaugural Dean.[1] Wootten served in multiple capacities and offices, including as a Judge of the Supreme Court of New South Wales, a Chairman of the Law Reform Commission of New South Wales, and a Deputy President of the Native Title Tribunal.[2]

Early life and education

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John Halden Wootten was born to a lower-middle-class[3] family of dairy farmers from the North Coast region of New South Wales and is of English descent.[1] Wootten's father grew up at Hal's paternal grandparents' farm in Alstonville, alongside Hal's uncles, in a Methodist upbringing.[1] Wootten's father died when Hal was 11 months old;[1] he was raised by his mother and, primarily, her parents, with whom Wootten lived until he was 9 years old.[1] As a result of his mother's uncontrolled diabetes, Wootten was born a "huge baby", with two broken arms.[1] One of these arms might have otherwise withered were it not for intervention by an elderly black woman who worked for Wootten's mother, who would massage his arms daily; however, though the uses of this arm are restricted, it remained relatively functional.[1]

Wootten undertook his primary schooling at Willoughby Public School and Double Bay Public School, when his mother ran her dress-making business.[1]

Wootten was educated at Sydney Boys High School in Surry Hills,[4][5] graduating in the class of 1939,[6] and the University of Sydney, from 1940 to 1945,[3] where he earned a B.A., and the Sydney Law School, then the only law school in New South Wales, where he earned an LL.B.[7][8]

Career

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Early career

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During his university studies, and interested in languages but dissuaded by his teacher-turned-school principal paternal uncle,[1] Wootten commenced working at the State Crown Solicitor's Office.[3] From there, he joined the private sector, with the Sydney law firm Minter, Simpson & Co.[1] Minter, Simpson & Co. would later merge with the Melbourne law firm Ellison, Hewison & Whitehead to form MinterEllison.[9]

In 1949, Wootten was called to the bar in New South Wales[3] but did not commence practising as a barrister until 1951.[10] In 1966, he took silk.[10]

University of NSW Faculty of Law

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On 13 July 1964, the University of NSW University Council approved the creation of the UNSW Faculty of Law.[11] On 24 January 1966, the Foundation Chair of Law was created, with the appointee to also be the Dean of the Faculty of Law.[11] On 8 September 1969, Wootten was appointed to this position, where, in 1971, he would oversee the first teaching classes in the faculty.[11]

In 1970, Wootten helped establish the Aboriginal Legal Service, becoming its first president.[10] In 1973, Wootten stepped down from this position to take up his appointment as a Judge of the Supreme Court of New South Wales.[10]

Supreme Court of New South Wales

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Wootten was appointed a puisne judge of the Supreme Court of New South Wales in 1973, serving until 1983.[2]

Later career

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Wootten has been involved in the Royal Commission into Aboriginal Deaths in Custody,[12] and the Australian Conservation Foundation, as its president,[1] among other causes.

Between 1984 and 1986, Wootten served as the chairman of the Australian Press Council.[13][14] Following Rupert Murdoch's takeover of The Herald and Weekly Times and a decision from the 15-member council against calling on the Commonwealth Government for an independent tribunal to vet proposed media takeovers[15] and in light of the council's failure to object to Murdoch's control of 70% of Australia's print media and the sense that both of these events were wrong and unjust, Wootten resigned in protest,[16] alongside John Lawrence, a former federal president of the Australian Journalists Association.[15]

Allowing Murdoch to assume control of Australian newspapers was unparalleled outside of totalitarian countries. The Federal Treasurer could stop the takeover if he wanted to … in this case it is a man who has renounced his citizenship to further his worldwide media power, and who makes no secret of the fact that he intends to make personal use of his control of newspapers.

— Hal Wootten, Sydney Morning Herald (17 December 1986)[17][18]

Honours

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In 1990 Wootten was appointed Companion of the Order of Australia (AC) for "service to human rights, to conservation, to legal education and to the law".[19] In 1994, Wootten was awarded an honorary LL.D. in recognition for his services to the law and the UNSW Faculty of Law.[20]

Personal life and death

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Wootten was married three times. His first wife was Dorothy Adam, with whom he had four children;[21] they separated in the early 1970s. In 1976 he married Jane Mathews (1940–2019) who was judge in the District, Supreme, and Federal Courts.[22] After that marriage also ended in divorce, in 1991[21] he married Gillian Cowlishaw,[23][24] a professor of anthropology at the University of Sydney.[25]

Wootten died on 27 July 2021 at the age of 98.[26] He was survived by his wife, Gillian Cowlishaw.[21]

References

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  1. ^ a b c d e f g h i j k Thompson, Peter (1 May 2005). "Wisdom Interviews: Hal Wootten QC". Big Ideas. Radio National.
  2. ^ a b "John H Wootten". Law Reform Commission New South Wales. Archived from the original on 22 June 2014.
  3. ^ a b c d Faine J. (1992.) Taken on Oath: A Generation of Lawyers, Federation Press, Leichhardt, p. 174.
  4. ^ Horner J. (2004.) Seeking Racial Justice: An Insider's Memoir of the Movement for Aboriginal Advancement, 1938–1978, Aboriginal Studies Press, p. 4.
  5. ^ Wootten, Hal (2008). "The Hal Wootten Lecture 2008: Living in the Law" (PDF). UNSW Faculty of Law.
  6. ^ Sydney Boys High School. (27 July 2007.) High Notes, 8(21):4.
  7. ^ "1940 - 0316" (PDF). University of Sydney.
  8. ^ "1943–44 - Calendar Archive". University of Sydney.
  9. ^ "Philip Simpson: Land was the calling of a highflying lawyer". Sydney Morning Herald. Fairfax Media. 21 April 2008.
  10. ^ a b c d Etter B. (ed.), Palmer M. (ed.) (1995.) Police Leadership in Australasia, Federation Press, Leichhardt, p. xiv.
  11. ^ a b c "Agency details report - A11-Law" (PDF). UNSW University Archives.
  12. ^ Swan, Jonathan (14 November 2012). "Wootten warns of unrealistic hopes for finding closure". Sydney Morning Herald. Fairfax Media.
  13. ^ Kirkman D. A. (1996.) Whither the Australian Press Council: Its Formation, Function and Future, Australian Press Council.
  14. ^ "AIAL Forum" (PDF). Australian Institute of Administrative Law, Inc. September 2006. Archived from the original (PDF) on 9 April 2013.
  15. ^ a b The Age. (16 December 1986.) "Journalists may vote to pull out of Press Council", The Age.
  16. ^ McHugh, Michael. "The Impact of High Court Decisions on the Governance of Australia" (PDF). University of New South Wales Law School.
  17. ^ Pilger J. (2010.) A Secret Country, Random House, p. 280.
  18. ^ Pilger J. (2010.) Hidden Agendas, Random House, p. 473.
  19. ^ "THE QUEEN'S BIRTHDAY 1990 HONOURS". Commonwealth of Australia Gazette. No. S141. Australia. 11 June 1990. p. 1. Retrieved 23 September 2020 – via National Library of Australia.
  20. ^ "Calendar 2004" (PDF). University of New South Wales.
  21. ^ a b c Brown, Malcolm (5 August 2021). "Hal Wootten, great friend of PNG, dies at 98". The Sydney Morning Herald. Retrieved 23 June 2024 – via Keith Jackson & Friends: PNG ATTITUDE.
  22. ^ "The Hon. John Haldan 'Hal' Wootten AC QC". BarNews. 8 September 1969. Retrieved 23 June 2024.
  23. ^ Chalk, Andrew (17 September 2021). "Why, and why not?". Inside Story. Retrieved 23 June 2024.
  24. ^ "Vale Hal Wootten". NSWCCL. 1 August 2018. Retrieved 23 June 2024.
  25. ^ Cowlishaw, Gillian (November 2012). "Curriculum Vitae: Professor Gillian Cowlishaw". University of Sydney Department of Anthropology.
  26. ^ Lo, Sawn (29 July 2021). "In memory of Hal Wootten, founding Dean of UNSW Law & Justice". UNSW Newsroom. Retrieved 29 July 2021.
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Media offices
Preceded by Chairman of the Australian Press Council
1987–1997 		Succeeded by
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