The Hon David Kingsley Malcolm AC QC

The Hon David Kingsley Malcolm AC QC
Professor of Law
LLB with First Class Honours UWA 1959
BCL with First Class Honours Oxford 1962
Email: dmalcolm1@nd.edu.au
Phone: 9433 0698

Professor Malcolm graduated with an LL.B from the University of Western Australia in 1959 with first class honours and was the Rhodes Scholar for Western Australia in 1960. In 1962 he obtained his BCL at Oxford with first class honours. He was admitted to practice in 1964. He was a Lecturer in Constitutional Law and Equity at UWA Law School in 1966-1967 and again in Equity in 1989-1992. He was a partner with the firm of Freehill Hollingdale & Page and its predecessor firm in Perth from 1964 to 1979. He acted as Counsel and Deputy General Counsel for the Asian Development Bank based in Manila between 1967 and 1970.

He practised widely in many areas of the law including commercial and corporate law, mining, media, shipping and administrative law.

Professor Malcolm represented the University of WA in Australian Rules football in 1956-1959 and had the distinction of representing the University in Rugby Union in 1960 prior to travelling to the UK where he played rugby for the Oxford University Greyhounds and Wadham College. On returning to Australia in 1962, he played rugby for the Associates Club in 1963-1966 and was captain of the Associates Premiership Teams in 1964 and 1965 as well as captain of the WA State Team in 1964 and 1965.

The Hon David Kingsley Malcolm AC QC was appointed Chief Justice of Western Australia in 1988. In 1990 he was appointed Lieutenant Governor of Western Australia. In 1992 he was made a Companion of the Order of Australia. In 1999 he was elected as an Honorary Bencher of Lincoln’s Inn, London. In 2000 he was awarded the Honour of Citizen of the Year in Western Australia in the category of the Professions. He retired as Chief Justice on 7 February 2006 and took up his present appointment as Professor of Law at the University of Notre Dame Australia on the following day.

Awards

2001	Hon Fellow of Wadham College Oxford
2000	Citizen of the Year in Western Australia
1999	Honorary Bencher of Lincoln’s Inn London
1997	Paul Harris Fellow, Rotary International
1992	Companion of the Order of Australia
1984	Hon Fellow of the Royal Australian Planning Institute
1960	Rhodes Scholar for Western Australia

Career

2006 - present	University of Notre Dame Australia	Professor of Law
1990 - present	Lt Governor of Western Australia
1989 -1992	Equity at UWA Law School	Lecturer
1988 - 2006	Chief Justice of Western Australia
1983	Appointed Queen’s Counsel in NSW
1980	Appointed Queen’s Counsel in WA
1967 -1970	Asian Development Bank based in Manila	Counsel and Deputy General Counsel
1966 -1967	Constitutional Law and Equity at UWA Law School	Lecturer
1964 -1979	Freehill Hollingdale & Page and its Predecessor firm in Perth	Partner

Other Responsibilities

2005	Biennial Conference of Chief Justices of Asia and the Pacific (Gold Coast, Qld)	Chair
2003	Biennial Conference of Chief Justices of Asia and the Pacific (Tokyo)	Chair
2001	Biennial Conference of Chief Justices of Asia and the Pacific (Christchurch)	Chair
1999	Biennial Conference of Chief Justices of Asia and the Pacific (Seoul)	Chair
1997 - present	Youth at Fairbridge	Trustee
1997	Biennial Conference of Chief Justices of Asia and the Pacific (Manila)	Chair
1996 – present	Board of Trustees of the SpecialAirborne Services Resources Trust	Chairman
1995 – 2006	LAWASIA – Judicial Section	Chairman
1995 – 2006	Board of Trustees of the Francis Burt Legal Education Centre and Law Museum	Chairman
1995	Biennial Conference of Chief Justices of Asia and the Pacific (Beijing)	Chair
1993 – present	Scout Association of Australia (WA)	President
1991 – 2006	Advisory Board of the Crime Research Centre at UWA	Chairman
1991 – 2000	Constitutional Centenary Foundation Council	Member
1991	Biennial Conference of Chief Justices of Asia and the Pacific (Perth)	Chair
1990 – 1995	LAWASIA – Judicial Section	Dpty Chairman
1989 – 1995	Advisory Board of the Neuromuscular Research Institute of Australia	Chairman
1988 – 1994	Senate of the University of WA	Member
1986 – 1988	Law Society of Western Australia	Vice President
1984	WA Bar Association	Vice President
1981 – 1984	WA Bar Association	President
1980 – 1983	Council of Guildford Grammar School	Chairman
1979 – 1982	Commonwealth Copyright Tribunal	Member
1978 – 1986	Town Planning Appeals Tribunal	Chairman
1976/1979 – 1982	Law Reform Commission of WA	Chairman
1975 – 1982	Law Reform Commission of WA	Member
1974 – 1980	Council of Guildford Grammar School	Dpty Chairman
1971 – 1998	Council of Guildford Grammar School	Member
1968 – present	Law Association of Asia and Pacific	Member
Past	Australian section of International Commission of Jurists	Vice President
Past	WA Branch of International Commission of Jurists	President
Past	Red Cross in Western Australia	Ambassador
Past	Board of Directors of the International Society for the Reform of Criminal Law	Member
Present	Rugby Union of WA	Vice-Patron
Present	Fremantle Dockers Australian Rules Football Club	Vice-Patron
Present	Various community and charitable Organisations	Patron

Education

LLB UWA, 1959
BCL Oxford, 1962

Teaching

Equity
Constitutional Law

Publications

Published articles in various journals including The Australian Law Journal, Australian Bar Review, Australian Business Law, The University Western Australia Law Review and the LAWASIA Law Journal.

International Conference Papers

Professional Indemnity and Contributory Negligence as a Defence, a paper presented to the Australian Bar Association Conference in Conjunction with the English and Irish Bars in London in 1987.
Protection of Minorities: The Australian Experience with Particular Reference to Aboriginal People, a paper presented to the LAWASIA Conference in 1987.
Opening Address of the 2nd International Congress of the International Records Management Council in association with the 6th National Convention of the Records management Association of Australia 1989.
Constitutions in a Modern Setting: The Independence of the Judiciary, a paper presented at the 11th LAWASIA Conference in Hong Kong in 1989.
Equality in the Administration of Criminal Justice: Gender Race and Class, a paper presented to the Edinburgh Conference of the International Society for the Reform of Criminal Law, 1990.
The Future Face of Policing: Ethics, Accountability and Flexibility, a paper presented at the Conference of Commissioners of Police of Australia, 1990.
Judicial Independence and Accountability, a paper presented at the Third Worldwide Common Law Judiciary Conference at Edinburgh Scotland in 1990.
Opening Address at the Cardiac Society of Australia and New Zealand 39th Annual Scientific Meeting, 1991
Welcome to the Delegates to the 12th LAWASIA Conference at Perth in 1991.
The Risk of Liability of International Corporations Operating in Australia, a paper presented at the Marsh & McLennan Asia-Pacific Conference.
The Fair Trial and Equality of Justice in Child Sexual Abuse Cases, a paper presented at the International Conference of Child Sexual Abuse at Durham University of the UK National Association for the Development of Work with Sex Offenders, 1994.
Complex Fraud Trials: Some Suggestions for Change, a paper presented at the 8th International Conference of the Society for the Reform of Criminal Law in 1994.
Judicial Independence, a paper presented to the 15th International Conference of the International Society for the Reform of Criminal Law in Sydney in 1994.
Judicial Corruption with Particular Reference to Lower Courts, a paper presented to the 6th Conference of Chief Justices of Asia and the Pacific in 1995.
The Second Revised Draft of the Statement of Principles of the Independence of the Judiciary in the Asia Pacific Region , a paper presented at the 6th Conference of Chief Justices of Asia and the Pacific in 1995.
Equality and Women’s Rights: The Australian Experience, a paper presented at the Hong Kong Federation of Women Lawyers FIDA International Convention 1996.
A Bill of Rights and the Common Law: An Australian Perspective, a paper presented at the 10th Anniversary Conference of the International Society for the Reform of the Criminal Law and Justice 1997.
Alternative Dispute Resolution a paper presented at the LEADR 5th International Conference 1997.
Review of Discretion in Development Control, a paper presented at the International Town Planning Conference 1997.
Euthanasia and the Law: Crossing the Rubicon, a paper presented to the 17th Biennial Conference of the Australian and New Zealand Association of Oral and Maxillo Facial Surgeons in 1997.
The Beijing Statement of Principles of the Independence of the Judiciary in the Asia-Pacific Region: Core Values in a Desirable Judicial System at the AIJA Asia-Pacific Courts Conference 1997.
Case Management and Court Annexed Mediation: The West Australian Experience at the 1997 Conference of the Judges of the New Zealand Court of Appeal and the Judges and Masters of the High Court of New Zealand.
Beijing Statement of Principles on the Independence of the Judiciary in the Asia Pacific Region: Amendments and Implementation a paper presented at the 7th Conference of Chief Justices of Asia and the Pacific, Progress Report, 1997.
Courts and Society: Some Guiding Principles in Reform and Development , a paper presented at the 3rd Asia-Pacific Courts Conference in 1998.
Human Rights and Asian Values: Recent Developments in South East Asia, a paper presented to the International Commission of Jurists in 1998.
Administration of Justice in the 21st Century: A Vision for the LAWASIA Region, a paper presented at the 16th Biennial Conference of LAWASIA 1999.
Judicial Ethics: Financial Disclosure, a paper presented at the 8th Conference of Chief Justices of Asia and the Pacific in 1999.
Judicial Independence, a paper presented to the 15th International Conference of the International Society for the Reform of Criminal Law in 1999.
Court Resources and Administration, a paper presented to the 8th Conference of Chief Justices of Asia and the Pacific in 1999.
Judicial Reform in the 21st Century in the Asia-Pacific Region, a paper presented at the World Bank Judiciary Conference in 2000.
“Building the Peace” in Peace Operations: Lessons from the Past and Prospects for Iraq in the Use of International Tribunals, 2000.
Future Decisions in Law in the Asia-Pacific Region at the 4th LAWASIA Business Law Conference, 2000.
“Beyond Wars – Part 1 – Landmines” the Red Cross International Humanitarian Law Symposium, 2001.
Court Budgets, a paper presented to the 9th Conference of Chief Justices of Asia and the Pacific, 2001.
Euthanasia and the Criminal law, a paper presented to the Annual Dinner of the Australian and New Zealand College of Psychiatrists, 2001.
Heydon & Ors v NRMA Limited & Ors [2000] BWSCA 374, a paper presented to the 2001 Anglo-Australian Lawyers Conference in London.
Judicial Independence, a paper presented at the 15th International Conference off the International Society for the Reform of the Criminal Law 2001.
Judicial Ethics and Financial Disclosure, a paper presented to the 15th International Conference of the International Society for the Reform of Criminal Law, 2001.
The Role and Responsibilities of a Chief Justice, a paper presented to the 9th Conference of Chief Justices of Asia and The Pacific, in New Zealand, 2001.
The Role of the Judiciary in a Changing Society, a paper presented at the International Development of Law Institute Conference on Judicial Administration and Reform, 2002.
Judicial Independence, a paper presented to the Symposium on the Role of the Judiciary and Judicial Independence in a Changing Society, organised by the Asian Development Bank in 2003.
The Independence of the Judiciary in the Asia-Pacific Region, a paper presented at the 10th Conference of the Chief Justices of Asia and the Pacific in 2003.
The Independence of the Judiciary as a Base of Business and Economic Development, a paper presented at the 10th Conference of Chief Justices of Asia and the Pacific and the 18th LAWASIA Conference, 2003.
Creating a Court of Appeal, a paper presented at the 11th Conference of Chief Justices of Asia and the Pacific at the Gold Coast, 2005.
Development of Human Rights Throughout the Asia-Pacific Region, a paper presented as the Inaugural Tun Hussein Onn Lecture at the Asia-Pacific Lincoln’s Inn Meet at Kuala Lumpur 2005 and subsequently published in (2006) 80 ALJ 178.
Globalisation of Human Rights Law, a paper presented at the University of Western Australia Extension International Conference on the Globalisation of Law, 2006.
At the Cutting Edge: The Perth Drug Court and Geraldton Magistrates Court and Therapeutic Jurisprudence, a paper presented at the International Conference on Therapeutic Jurisprudence, Perth 2006.
The Development of Human Rights in the Asia-Pacific Region, a paper presented to the 2nd Asia-Pacific Economic Forum at the University of Cambodia 2006.
Preventing Juvenile Crime by Fixing the Family, a paper presented at the 3rd International Conference on Therapeutic Jurisprudence, Perth in 2006.

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