Notes of interview with Walter John Backhouse
Notes of interview in 1999 with Walter John Backhouse (1926-) concerning some of the lawyers in Geelong between1952 and 1990, particularly those who practised as court advocates;-
I arrived in Geelong in1952 to take up a position as an employee solicitor with Vautin Hilary Andrews, a sole practitioner. Later I became his partner in the firm of Andrews and Backhouse. My first impression of him was that he was a rather intimidating figure. In fact, he was generous to me in the financial arrangements for entering into partnership and took an interest in my welfare. We had a harmonious relationship as partners.
I recall some of the practitioners who made an impression on me:-
Alan McDonald, a partner in the firm of Wighton and McDonald was still alive then. He was a most impressive man.
Ivan Lewis was another partner in Wighton and Mc Donald. There was something Dickensian about him with his severe expression. He was a very competent solicitor and friendly when you got you know him.
Aurel Just, although elderly, was still at Whyte Just and Moore. I recall him being dressed in a beautiful suit and having considerable charm. I think that charm helped to build up his firm. You would often see him chatting outside the firm’s office in Malop Street.
At the time I came to Geelong it was the practice of a number of solicitors to appear in various courts for their clients. In a sense Geelong had its own Bar. This practice continued strongly until the mid 1980s and still continues to some extent now.
As a solicitor I briefed counsel from the Melbourne Bar to appear in some cases but I also appeared as counsel in the Magistrates Court, County Court and Supreme Court before a Judge alone or before Judge and jury as well as in the Family Law Court.
Local solicitors who did not take on the role of court advocate would brief other local practitioners to appear as counsel in their cases. There was respect for local solicitors who appeared as counsel from barristers and judges.
In the 1950s.1960s and 1970s among the dominant solicitors appearing in local courts Glen Kidd of Wighton and McDonald and Eustace H. Wilson of Harwood and Pincott stood out.
Eustace Wilson had a very strong personality. He was tall and well built with an almost ceaseless flow of language, never ceasing in his submissions on behalf of his client until the magistrate accepted them if he had any chance, of achieving that result. From the view of an observer it sometimes appeared that some magistrates gave up the struggle to resist the assault and granted him victory. He also appeared in the superior Courts.
Glenn Kidd was a very able advocate with a large clientele. Although he would fight extremely hard for his client and take any point he could against an opponent there was never any animus to his opposite party. Despite his considerable skills as an advocate he never appeared in the County or Supreme Court.
Dermot Sullivan of D.P.F O’Keeffe & Co was a strong, aggressive and dedicated advocate. He was stronger and more able than many visiting barristers, appearing frequently in the Magistrates Court, County Court and Supreme Court in criminal trials and pleas. Like Wilson and Kidd he took the view that the client’s interest was paramount. Each would fight at all costs and appeared never to see any virtue at all in the other side’s case. They were tough opponents, whether in civil matters against other advocates, local or from the Melbourne Bar or against police prosecutors in criminal trials. The police respected them and referred people in trouble to them.
John Toohey was the partner of Dermot Sullivan. Decent, friendly and amiable in all dealings he was an excellent Magistrate Court advocate. Brian Treyvaud was a partner of Robert Fazio. They had taken over the practice of Alf Coulter. Brian was a very good advocate, appearing in the Magistrate, County and Supreme Courts. He had excellent use of language and a deep and splendid voice. He was a person with ambition. His legal thinking was excellent. He left the partnership and joined the Melbourne Bar. Later he was appointed a judge of the Family Court of Australia and proved to be well suited for the task.
Ross Jaques was originally a partner in the firm of Birdsey, Dedman and Bartlett but became a sole practitioner. With his quiet but firm manner he was a good advocate before Magistrates, and County Court Judges alone or with a jury.
Barrie Burke, who joined the partnership of Fazio and Treyvaud, was a busy and successful advocate. He had a disarming manner and was very much liked by the bench. These characteristics and his legal skills brought about good results for his clients. He had a good mind and looked after his clients very well but could analyse a situation and negotiate a settlement to his client’s advantage. He had good legal judgment.
Richard Annois, of Harwood and Pincott, was a regular advocate in the Magistrates Court and in the Supreme Court in matrimonial matters.
Peter Epstein originally of the firm of Ainsworth and Co appeared in the Magistrates Courts and in the Supreme Court in Matrimonial cases. In the matrimonial jurisdiction he is regarded as a very strong advocate. Frank Gargan was an older solicitor who conducted a sole practice. Later he took Kevin Roache as partner, trading as Gargan and Roache. He did not appear very often but was always welcomed by the bench because of his pleasant manner. When some advocates stood up to appear they saw a frown on the magistrate’s face. Frank was welcomed with a smile. With his benign personality and carefully chosen words he gained good results for his clients.
The practice of local Geelong solicitors appearing as advocates in the superior courts as well as in the magistrates courts had a social benefit. There was no legal aid available in Geelong in the 1950s and 1960s. Most clients could not afford to pay the cost of engaging a barrister from the Melbourne Bar to appear as well as paying their solicitor for briefing and instructing one. It was one way they could have representation. Geelong solicitors also had the advantage of appearing before well qualified judges and improving their advocacy skills when opposed to members of the legal profession, barristers, who had chosen to earn their living solely as court advocates.