Brian Bourke interview 10 October 2005

Are you saying in a way that from your point of view a good advocate is not necessarily someone who can one-up on everyone on points of law but they've got skills of persuasion - is that what you're driving at?

Yes. I think persuasion is one thing, but it's understanding the situation, being able to deal with matters quickly. I'm certain that one of the motivating factors with Sir Henry Winneke was that he relied greatly on common sense. I'm not suggesting for one moment that Henry Winneke wasn't a very good lawyer, but his common sense was such that - when you think of how he ran the Full Court. You just went to the full court and he'd be there, you'd argue a matter before him, maybe an appeal against sentence or you might have appeals against conviction and he'd just give his decision right off the cuff. There were no adjourning things. You hardly do a thing now that's not adjourned. You don't make a plea in the County Court now that's not adjourned, the Court of Appeal adjourns invariably to do things when clearly a lot of the things could be just done (quickly).

Henry Winneke was just a great bloke. There's a portrait of him between (Owen Dixon) east and west just opposite John Dever's office there. It's a great portrait. I wink at that portrait. Maybe one day it'll wink back. He was so helpful when I was younger during the first year of being at the Bar. To see the way Jack Winneke - his son has become the president of the Court of Appeal. He kept me out of gaol once - I was going to be dealt with contempt. Jack looked after it for me.

So you never had to go to gaol?

No, no. I've been to gaol plenty of times but not - I was able to leave.

Conducted for the Bar Oral History project by Juliette Brodsky in Owen Dixon Chambers East and filmed by Stewart Carter (People Pictures)