Maurice Had The Midas Touch

from The Irish Scene July/August 2020 Edition

The Brendan Bowyer Story

Maurice had the Midas touch, wisdom of Solomon and charm of the Irish

BY LLOYD GORMAN

This story was intended to be an interview with an incredible man in his prime. Instead it has became a tribute for a life well led. Maurice Spillane was a senior member at the State Administrative Tribunal of Western Australia. The Tribunal was created by former Attorney General Jim McGinty who amalgamated multiple WA civil and administrative review boards into a single ‘super’ tribunal. The new jurisdiction set up to be an accessible one stop shop for a wide range of disputes and appeals against decisions of government and industry bodies. Cases would be dealt with by members with the relevant expertise and the process was designed to be quick and carry a minimum of formality and cost. It also took over the disciplinary functions of dozens of self-regulated trades and professions, everything from doctors and nurse to lawyers, architects to plumbers and estate agents. “It will cover everything from an appeal in a complex state revenue matter involving millions of dollars through to a decision about whether a dangerous dog should be put down,” Mr McGinty said. Four ‘senior’ members (Jill Toohey, David Perry, Clive Raymond and Murray Allen) were appointed with effect from January 1, 2005, as were nine ‘ordinary’ members. Maurice Spillane was one of the nine. He was a practising lawyer in Perth with experience in planning, medial law and indemnity issues. A few years ago I had the pleasure of serendipitously discovering this Irishman - a native of Castleconnell, Limerick - in action at the tribunal. As a reporter for the Subiaco POST newspaper, you would frequently need to trek into the Tribunal in the Perth CBD to follow up on some appeal or another - usually but not always planning related - against a council or Development Assessment Panel refusal for a project. I can’t recall what issue it was that brought me into the tribunal that day but I will never forget thinking ‘who is this guy?’. The distinctive Irish accent and way of speaking immediately hooked my interest. His ‘thick brogue’, as a POST colleague called it, was quickly followed up with generous amounts of wit and warmth, qualities that were trademarks of his refreshing style and character. Future visits to the tribunal were always on the cards and on a good day Maurice would be the presiding member. Even a dry directions hearing where nothing of much happened was enjoyable. Sometimes I would even linger longer in the tribunal after the business I was interested in was concluded, just to prolong the ‘fix’ I got out of watching him at work. Being Irish person myself, I was a bit partial to Maurice but my fellow reporters on the local newspaper also discovered and liked the same

Maurice Timothy Spillane passed away in St John of God Hospital in Subiaco on May 28, 2020. He was 65. His funeral service - including a beautiful eulogy by his son Patrick, touching tribute by close friend Gary Smith and his wife Jane was held at Karrakatta Cemetery and can be viewed at https://livestream. com/accounts/29307044/ events/9158995/ videos/207252420 This edition of Irish Scene is dedicated to his memory.

things about him as I did. We would commonly ask each other when we had returned from the tribunal “did you get Maurice?”. As a mark of our respect POST journalists wrote a tribute to him. I am sure he had that effect on everyone he dealt with, even the most fractious and cranky of characters. Certainly he was highly regarded by his peers. Honorary Irish Consulate and lawyer Marty Kavanagh was very saddened to hear of Maurice’s death and expressed his condolences to Maurice’s family. “I knew him as a highly respected and talented lawyer and

Page 6 – POST, June 6, 2020 Continued from page 9 From above left to right: Maurice with Marty Kavanagh. The tribute to Maurice in the POST newspaper. The ‘Easter Rising’ memorial concert held at the GPO building during Maurice’s time as chair of the Perth Symphony Orchestra. Below left: Maurice with ??? The news Maurice Spillane would be in the room always gladdened the hearts of POST reporters. But we were saddened this week to learn of the State Administrative Tribunal senior member’s death last Thursday at St John of God Hospital Subiaco. Mr Spillane, a softly-spoken man with a thick Irish accent, had a calming effect on the sometimesheated legal battles he oversaw. He often heard cases about western suburb developments of all shapes and sizes. In the POST’s experience he was always kind and patient with affected neighbours, most of whom represented themselves and had little understanding of the legal process. “Who are you?” he was asked at a directions hearing in 2018 by Joan Ballato, the owner of the Onslow Square Shopping Centre in Shenton Park, when Shenton Park Lottery Centre tenant Rod Phelps took her to the tribunal to try to stop her chaining off the eight-bay carpark outside his newsagency. “You’re here now, welcome,” Mr Spillane told her, before carefully explaining to her how the tribunal process worked. He would often invite interested parties to address his hearings, even if they had no legal standing in the case. “I also want to be fair to them,” he said of the neighbours of a West Leederville apartment project in 2017. In 2012 he made four site visits to a lane off Cottesloe’s John Street when a resident was trying to stop his side fence being shifted back 38cm. Mr Spillane had a wonderful turn of phrase, and a gentle sense of humour. Three years ago, during a hearing between a council and a business, he likened himself to the creditors of the late tycoon Alan Bond. At the time Mr Spillane said he had invested a lot of time in the matter. He said it reminded him of Mr Bond’s boast that banks wouldn’t let him go under because he owed them so much money. “You’re into me for so much time ... I’m invested,” Mr Spillane said. He urged the lawyers representing the parties to go faster. “This has been swanning around out there for 18 months … BHP can have a board meeting in 24 hours,” he said. In 2015 he was unfl appable when fi re alarms went off at the SAT’s new offi ces in Hay Street. A hearing between Peppermint Grove council and lawyers for Radhika and Pankaj Oswal over the demolition of the Oswal’s halfbuilt 100-room mansion had to be quickly abandoned. “Welcome to our new building,” Mr Spillane said, when everything had returned to normal after the false alarm and business started at 10.09am. Two years ago Mr Spillane’s patience was tested by a mobile phone in a bag. During a hearing the device chirped for a couple of texts and distracted people in the room. A little later, when the phone rang, the ever-cheerful Mr Spillane said in a polite tone: “If that phone rings again I will donate it to charity.” The phone was quickly taken outside. The Law Society said Mr Spillane was appointed a full-time SAT member when the body was formed in 2005, and became a senior member in 2011. “Maurice relished his role in the tribunal,” society president Nicholas van Hattem said. “He was very much a people person, and loved helping people fi nd new ways to solve problems.” SAT president Justice Janine Pritchard said she and her colleagues were deeply saddened, and their late colleague would be greatly missed. “He was a much admired and respected colleague and friend to us all,” SAT executive manager Kathleen Halden said. “Maurice served with distinction in all streams of the tribunal’s work, and was especially renowned for his outstanding abilities as a mediator, where his common sense, kindness and good humour assisted in the resolution of even the most complex and protracted disputes.” Maurice was also an accomplished figure outside of legal circles. He was the founding chairman of the Perth Symphony Orchestra and served on its board from 2014 to 2018. He was also chair of the Clinical Ethics Committee at Princess Margaret Hospital and King Edward Memorial Hospital. Maurice had wisdom of Solomon and Midas touch By DAVID COHEN, BEN DICKINSON and LLOYD GORMAN POST PEOPLE Seeing for himself … Maurice Spillane toured the thencontentious Ocean Mia site in City Beach in 2017. If that phone rings again I will donate it to charity ‘ ’ SAT member,” Marty said. “He had that rare combination in a decision maker, a sound command of the law but more importantly the ability to empathise with the members of the during the 1990’s, said his unfailing amiability and good sense A revolutionary breast cancer treatment. public appearing before him. The SAT deals with very difficult issues and it is easy to overlook the human element. Before first appearing before him I checked with colleagues. The message was always the same: a fine legal mind and a generous heart. Maurice was always very fair and respectful to the lawyers appearing before him. “That’s not always the case and it’s a sign of his empathy for others that all who came before were treated with respect. As if he didn’t have enough to keep him busy, his work for the arts was excellent and it shows how rounded a man he was. His was a life well were an asset to the firm. Denis and Lynne McLeod posted a personal message. “I knew and valued Maurice both as a former legal colleague and as a friend. His unfailing good nature and humour, and his optimism in the face of great challenges made him a very special person.” I sat in tribunal room many times in cases in which Maurice was involved, and from the articles I wrote as a A breast cancer diagnosis can be devastating, but a revolutionary cancer treatment is now offering renewed hope to Western Australian women. Intraoperative Radiation Therapy (IORT), is a minimally invasive rapid radiation treatment suitable for select women with early stage breast cancer. St John of God Subiaco Hospital is the first and only private hospital in Australia to offer this treatment, together with world-class cancer care services that ensure the highest quality of emotional and physical support. Treatment is administered during surgery to remove the patient’s tumours, reducing treatment time from three to four weeks of daily radiation to a single, targeted treatment. After a patient’s tumour is removed, radiation is applied for 20 to 30 minutes by a GenesisCare Radiation Oncologist, targeting tissue in the tumour bed from the inside which minimises the exposure of healthy tissue to radiation. This provides a precise therapeutic dose to the location where local recurrence is most likely to occur. It also minimises side effects and allows women to resume their daily lives and activities much sooner. If you would like to know more about the revolutionary IORT treatment and the specialists performing the surgery, in order to discuss with your GP, please visit sjog.org.au/Subiaco/IORT lived and we are all the better for result I am sure he knew I was a having had Maurice in WA. He journalist with the POST but probably worked honourably in a long line nothing more than that [indeed from of distinguished Irish lawyers observation I think it is fair to say the who have served the community POST is about the only newspaper in of WA so well.” Perth that has reporters who regularly On June 3, the Tribunal issued attend the tribunal]. its own testimonial on behalf of About a year ago there was a highly the judges, members and staff unusual occasion where for a few who worked alongside him. brief minutes it was just him and I “Maurice has been a member of in the room. I searched the Tribunal since its inception in 2005 and a senior Member of the Tribunal since 2011. He was a much admired and respected colleague and friend to us all. Maurice served with distinction in all streams of the Tribunal’s work, and was especially renowned for his outstanding abilities as a mediator, where his common sense, kindness and good humour assisted in the resolution of even the most complex and protracted disputes. We extend our sincere and heartfelt condolences to Maurice’s family and friends. He will be greatly missed by all at the SAT.”

Similarly the death notices published in the West Australian on the same day resonated with the humanity he showed to all. McLeod’s, where Maurice had worked

for something to simple to say - just to break the silence and so my Irish accent would give a nod to our shared cultural heritage - but the words never came and the room was soon occupied by associates, lawyers and the like and the moment was lost. Earlier this year when I realised the tribunal was marking its fifteenth anniversary with a set of activities and events, this presented the perfect excuse to approach the courts service and request an interview with him. As an original line of members to still be with the tribunal, Maurice, who had been involved in many of the biggest legal cases in WA’s legal history, would have a one of a kind perspective on the organisation and its development over the years. A one-on-one interview would also be a great way to find out more about his Irish background, including about the first ten years he practiced in Ireland after graduating in 1978, before coming to Perth with his family in 1988. If Maurice could be completely charming and convincing within the constraints of being a tribunal member and the legislation, what would he be like speaking about himself in a personal capacity, I wondered. That opportunity never came. The day I had resolved to write to the courts service to request the interview was the same day I learned of his death.

Many in the legal fraternity will lament his passing, but many more outside legal circles and even the Irish community will also mourn him. Bourby Webster, CEO of Perth Symphony Orchestra was devastated when he learned Maurice lost his six month battle with cancer. “Maurice was one of the first people I met when I arrived in Perth 20 years ago and became almost like family to me,” she said. “His unwavering support of me personally and determination to see Perth Symphony Orchestra become sustainable is why we are here today. Maurice was a lawyer and chair of the ethics committee at Princess Margaret Hospital [and King Edward Memorial Hospital] so I’m sure he had so many tough decisions in his life that were much harder than anything Perth Symphony Orchestra threw at him, and yet nothing I asked of him was too much. He guided the orchestra through so many transitional things. The one thing about Maurice, while the company really mattered to him, what really mattered were people every single time. We are Continued on page 12

the lucky ones as we had the privilege of knowing him and having his wisdom, loyalty, humour and warmth on a regular basis. From all of us at PSO we are indebted to you, the musicians loved you, my team adored you we often had Irish people involved too and they found a connection with your beautiful Irish history and accent. I will miss you immensely and I want to thank you on behalf of all us for the amazing journey and I hope wherever you are now there is music playing.” During his time as chairman, the Perth Symphony Orchestra and the Irish community in Perth came together for a remarkable once-in-a-lifetime event. On Wednesday 23 March 2016 the orchestra - and several traditional Irish musicians - performed in concert to mark the centenary of the 1916 Easter Rising. Irish fiddle player Rob Zielinksi and classical concert virtuoso Paul Wright also faced off in a fiddle battle. To add to the sense of occasion, the venue was held inside Perth’s own GPO building, in its heritage foyer before the building was closed and refurbished. Amongst the entertainment for this special occasion guests were also treated to Irish cuisine (colcannon cake, Irish stew and Irish Baileys Cream triple fudge brownie). It was a true and brilliant display of Irish culture at its best. Outside of a courtroom or concert hall, Maurice embraced life and living in Perth. He regularly swam in the Rottnest Swim, enjoyed kite surfing and was a part of several communities and clubs - from North Cott SLSC to the Twilight Sailing group at Freshwater Bay. “He absolutely loved the water and could regularly be seen going for an early morning dip at Cottesloe beach,” added Webster. Siera and Kiera from the North Cottesloe Surf Life Saving Club extended their love to Jane and the family. “Farewell to a wonderful man and gentlemen. We will miss our morning meetings at NSCLSC,” they said. Wembley woman Laura Gillam met Maurice and his wife when they first came to Australia to check it out with a view to living here. Their friendship came about serendipitously when the Spillane’s then very young son Patrick wandered up to Laura and opened his arms to be picked up. “Apparently I looked very much like his granny,” she said. Laura and her husband became fast and firm friends with them, and they would often have dinner in each other’s houses. Laura remembers Maurice as being a very kind, patient and loving dad with his children and he was even calm on one occasion when a dishwasher sprung a major leak in the early hours of the morning. Almost nothing phased Maurice but he did lose his first wife Kathy to cancer. Laura remembers her fondly and says she was also a brilliant lawyer: “She handled Alan Bond’s sale of Observation City in Scarborough.” Ar dheis Dé go raibh a anam/May his soul be on God’s right hand

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