The Law, Philanthropy and Shark Wrestling In conversation with The Honourable Malcolm McCusker AC QC Conducted by Thaw-Thaw Htin and Martin Bennett
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his in-depth conversation with The Honourable Malcolm McCusker AC QC was organised by Bennett + Co on 17 July 2021 in honour of the forthcoming 60th anniversary of Malcolm’s admission to legal practice in Western Australia on 22 December 1961. As a backdrop to the conversation, a series of slides was shown, which celebrated the many aspects of Malcolm’s extraordinary professional, public, philanthropic and personal life. Thaw-Thaw Htin: I am very, very excited to introduce our keynote speaker, The Honourable Malcolm McCusker AC QC. Malcolm has held a variety of roles. Many of you would know him as the 31st Governor of Western Australia between 2011 and 2014, as well as being a lawyer, QC, philanthropist and surf lifesaving-shark wrestler. So, we are using this session to learn as much as we can about the roles that Malcolm has held, what these roles have meant to Malcolm, and how we can draw from him the lessons that he encountered throughout all that. Would you please give a warm welcome for Malcolm. Martin Bennett: Can I say that on the topic of Malcolm’s love affair with the law, in December of this year it is Malcolm’s anniversary of his 60th year of admission in Western Australia. Nobody has survived 60 years in the law without loving the law. You all know that it is a really demanding business: the time it demands, the effort that it demands, the fatigue that it brings, and the ups and the
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downs are all important. And a career that spans six decades of practice in Western Australia is full of instruction for all of us at whatever stage we are in practice. I can only go back for 42 of those years. I am keen to hear how Malcolm first fell in love with the law and how he got into law, how he went through law school, probably back in the day when there were only four people in the year, and to hear something of the origins of what has been a sustained passion. I can tell you that what I know is that Malcolm is probably one of the very few people who will start to get interested in a point of the law, research it, and stop at about 2.30 in the morning when he has got the answer. Mind you, you don’t have to stay up working to 2.30 in the morning, but if you do, it shows that you have got a passion for this, a curiosity and a continued enthusiasm for learning and the depth of knowledge that is required, but also the depth of preparation that is required. So, Malcolm, how did you fall in love with the law?
The Honourable Malcolm McCusker AC QC: Well, first of all, I am going to correct you. It is a slight understatement when you say that there were only four of us in my year of law. There were, if my memory serves me correctly, about a dozen. When I went to UWA Law School, there were about 70 students in total. So, because of that, sometimes two years were combined for lectures. My second year was combined with the third year. We had a visiting professor (Pedrick) from Northwest University who lectured us in tort law – 5 days a week. He taught the Harvard Law School method, basically a case study approach. It was very stimulating. He was a fine lecturer. Our lecturers at the law school then were almost entirely parttime lecturers, legal practitioners. For contract, we had Mr Burt, who became Sir Francis Burt, Chief Justice, and ultimately
the Governor of Western Australia.1 John Toohey, who became Toohey QC and ultimately a High Court Judge lectured us in Property Law.2 Ron Wilson lectured us in Commercial Law. He became Sir Ron Wilson and a High Court Judge (the first High Court judge from Western Australia).3 We had a host of other legal luminaries. They were very stimulating lecturers because they could tell us of their experience on the battlefront. They would relate the theory to the practice. And that, I suppose, started my so-called love of the law, although I hadn’t quite decided then whether I was going to practise law. I was the first member of my family and extended family to ever go to university and I had little knowledge of the profession of law. I had a full-time job with Shell Oil Company when I did my first year at law school. Many years later, when I was practising law and I went to the Supreme Court to have a chat about my future with Sir Francis Burt, the Chief Justice, I said, “You know, Sir Francis, your lectures in contract made me appreciate what law was all about and enthused me with the idea of becoming a lawyer.” Upon which he looked very solemnly at me and he said, “Oh, McCusker, don’t put that burden on my shoulders.” However, when I got my degree, I didn’t know any lawyers and was still unsure what career to pursue. The Dean, Eric Edwards asked “What are you planning to do next, McCusker?” I said, “I don’t know. I’m thinking of perhaps a career in the diplomatic service”. The Dean wisely advised me: “Well, do your articles first.” He said, “I’ve got a friend Bob Wallace a partner at Kott Wallace and Gunning. I can get you articles with him.” So, I met Bob Wallace in his office. When I said that I hoped he would teach me to practise law, Bob said, “No, we don’t teach you, you’ll have to learn on the job” – which
