Weisbrot, David --- "Justice Xavier Connor Ao" [2005] ALRCRefJl 34; (2005) 87 Australian Law Reform Commission Reform Journal 68

• Obituary
• Justice Xavier Connor AO

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Reform Issue 87 Summer 2005/06

This article appeared on pages 68-69 of the original journal.

Obituary

Justice Xavier Connor AO

1917-2005

By David Weisbrot

With great sadness, we report the passing of Justice Xavier Connor AO, the second President of the Australian Law Reform Commission, on 27 December 2005.

Justice Connor was a distinguished barrister, serving as Chairman of the Victorian Bar Council from 1967 to 1969. He then served a judge of the Supreme Court of the Australian Capital Territory, before being appointed as one of the first Justices of the Federal Court of Australia, serving from 1977 to 1982.

In May 1985, Justice Connor succeeded Justice Michael Kirby as the head of the ALRC, inheriting a mammoth workload. By the time he completed his term of office in 1988, the Commission had brought to completion fourteen reports, including such diverse landmark projects as: evidence; standing in public interest litigation; contributory negligence; domestic violence; Aboriginal customary laws; admiralty; contempt; matrimonial property; debt recovery and insolvency; spent convictions; and uniform service and execution of process.

In the ALRC’s 1986 annual report, Justice Connor accurately foreshadowed the need for the law to come to grips with scientific advances, particularly in the areas of the regulation of biotechnology, artificial insemination, information technology, and electronic surveillance.

Justice Connor not only consolidated the substantive work of the ALRC begun under Justice Kirby, but also the central ethos underlying the Commission’s approach to law reform: that it must uphold the highest standards of legal scholarship, and fully engage the community in the process.

At the 11th meeting of the Australasian Law Reform Agencies Conference (ALRAC) in Wellington in August 1986, Justice Connor remarked that:

‘[when] ordinary members of the community look at the law, what do they hope to find? I think they want something quite simple—they want the law to work—they want it to be able to be easily used. They do not want it to get in the way and frustrate them. They hope the law will help them achieve their other aspirations. They hope that, if they have to go to court, the courts will be able quickly, efficiently and fairly to hear their cases and reach decisions that are acceptable and reasonable. They hope that when they are in business, the law will help them carry out their business affairs efficiently and simply and not impose undue burdens upon them either as producers of goods or as consumers of them. They hope that the law will work to protect their individual human rights, such as the right to privacy, liberty and security, as well as their rights as members of groups. ...

These aspirations are reasonable ones and the outstanding challenge to all of us [in the law reform community] is to play our part in having those aspirations realised.’

Justice Connor maintained a close association with the ALRC long after his retirement, and was an active and enthusiastic participant in the ALRC’s 25th anniversary celebrations in 2000.

He was a most reluctant absentee from the 30th anniversary celebrations in June 2005, held back from attendance only by serious illness. Fortunately, he was nevertheless an important part of those celebrations, featuring prominently in the short film made for the occasion (30 Years of Reform: The Movie)—and again emphasising the important public interest in keeping the law up to date and attributing the success of the ALRC to the hard work and loyalty of the staff.

In delivering one of the eulogies at Justice Connor’s funeral service, his long time friend Michael Crennan SC commented that:

‘Xavier’s words are simple but it is a simplicity which is only available to a great spirit who has meditated long and hard about the moral and philosophical dimensions of his calling. His was as noble a spirit as anyone could expect to meet.’

The Commission extends its warmest condolences to Xavier Connor’s family, colleagues and many friends. He will be greatly missed by all of us.