David Malcolm
Encyclopedia
David Kingsley Malcolm, AC
, QC (born Bunbury
, Western Australia
, 6 May 1938) is an Australia
n lawyer
and was Chief Justice
of the Supreme Court of Western Australia
from 1988 until his retirement from the bench on 7 February 2006.
Malcolm was educated at Guildford Grammar School
in Perth
and was awarded a Rhodes Scholarship
in 1960. Before serving as Chief Justice, Malcolm was a deputy counsel for the Asian Development Bank and one of Western Australia
's most prominent Queen's Counsel
. He regularly appeared before the Privy Council
. He was appointed Chief Justice of the Supreme Court on the retirement of the widely respected Francis Burt
. In 1990 he also became Lieutenant-Governor of the state.
Malcolm earned great respect during his time as Chief Justice, and received great acclaim from the legal profession on his retirement on 7 February 2006. However, during his final year on the bench he came under increasing pressure, by the media, for perceived failings on the bench after he aborted a murder trial.
At his farewell, the Attorney-General, Jim McGinty
, commented on the landmark judgement that Malcolm had handed down in the appeal of John Button
, a high profile case in which a manslaughter conviction was quashed over 30 years after the event.
On 4 April, it was announced that Wayne Martin
would replace Malcolm as Chief Justice. On 8 February, Malcolm became Professor of Law at the University of Notre Dame Australia
, Fremantle
. He continues to serve as Lieutenant-Governor of Western Australia, and remains closely involved in a number of projects including the SAS, domestic violence and juveniles.
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
, QC (born Bunbury
Bunbury, Western Australia
The port city of Bunbury is the third largest city in Western Australia after the State Capital Perth and Mandurah. It is situated south of Perth's central business district...
, Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
, 6 May 1938) is an Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
and was Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court of Western Australia
Supreme Court of Western Australia
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. It has unlimited jurisdiction within the state in civil matters , and hears the most serious criminal matters.The Supreme Court consists of a General Division The Supreme Court of Western...
from 1988 until his retirement from the bench on 7 February 2006.
Malcolm was educated at Guildford Grammar School
Guildford Grammar School
Guildford Grammar School, informally known as Guildford Grammar, Guildford or GGS, is an independent, day and boarding school for boys situated in Guildford, a suburb of Perth, Western Australia....
in Perth
Perth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia and the fourth most populous city in Australia. The Perth metropolitan area has an estimated population of almost 1,700,000....
and was awarded a Rhodes Scholarship
Rhodes Scholarship
The Rhodes Scholarship, named after Cecil Rhodes, is an international postgraduate award for study at the University of Oxford. It was the first large-scale programme of international scholarships, and is widely considered the "world's most prestigious scholarship" by many public sources such as...
in 1960. Before serving as Chief Justice, Malcolm was a deputy counsel for the Asian Development Bank and one of Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
's most prominent Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
. He regularly appeared before the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
. He was appointed Chief Justice of the Supreme Court on the retirement of the widely respected Francis Burt
Francis Burt
Sir Francis Theodore Page Burt, AC, KCMG, QC , commonly known as "Red", Australian jurist, served as Chief Justice of Western Australia from 1977 until 1988 and as Governor of Western Australia from 1990 to 1993. He was also Lieutenant Governor of the State from 1977 to 1990...
. In 1990 he also became Lieutenant-Governor of the state.
Malcolm earned great respect during his time as Chief Justice, and received great acclaim from the legal profession on his retirement on 7 February 2006. However, during his final year on the bench he came under increasing pressure, by the media, for perceived failings on the bench after he aborted a murder trial.
At his farewell, the Attorney-General, Jim McGinty
Jim McGinty
James Andrew McGinty is an Australian politician. He was a Labor member of the Western Australian Legislative Assembly from 1990 to 2009, representing the district of Fremantle. He was Labor Party leader and Leader of the Opposition from 1994 to 1996...
, commented on the landmark judgement that Malcolm had handed down in the appeal of John Button
John Button (campaigner)
John Button, born in Liverpool, England on 9 February 1944, is a Western Australian who was the victim of a significant miscarriage of justice.-Conviction:...
, a high profile case in which a manslaughter conviction was quashed over 30 years after the event.
On 4 April, it was announced that Wayne Martin
Wayne Martin
Wayne Stewart Martin QC is the current Chief Justice of Western Australia. He was formally appointed on 4 April 2006.-Education:...
would replace Malcolm as Chief Justice. On 8 February, Malcolm became Professor of Law at the University of Notre Dame Australia
University of Notre Dame
The University of Notre Dame du Lac is a Catholic research university located in Notre Dame, an unincorporated community north of the city of South Bend, in St. Joseph County, Indiana, United States...
, Fremantle
Fremantle, Western Australia
Fremantle is a city in Western Australia, located at the mouth of the Swan River. Fremantle Harbour serves as the port of Perth, the state capital. Fremantle was the first area settled by the Swan River colonists in 1829...
. He continues to serve as Lieutenant-Governor of Western Australia, and remains closely involved in a number of projects including the SAS, domestic violence and juveniles.