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Philip OPAS QC interview 4/8/2003
After the war, I understand that you went back to the Bar and read with Robert
Monahan who was later to be appointed to the Supreme Court bench. Can you tell us
a bit about him?
Well, we were both very busy. In those days, a reader could take a brief from day
one, and I found myself getting briefed pretty much in my first week. Rob was busy
all the time - most of the time I saw him at lunchtime. Lunch consisted of eight
beers. If I were in court that afternoon, I had a great deal of trouble going the
distance. Rob was a wonderful tutor, a man with a great sense of humour, a sound
lawyer, a brilliant advocate, and I enjoyed his company very much.
Where were his chambers?
His chambers were in Equity Chambers (in Bourke Street) next door to Dr (Bill) Coppel's chambers.
Rob Monahan had mainly a criminal practice, but he was a good lawyer.
In what way did he serve as a model for your own barristerial style?
He said to me, "Phil, get your facts right. Concentrate on your facts."
He said if you got your facts right, anyone could have the law. And that was
wise advice. I particularly remember a time when he was a judge and I was
appearing before him in a libel action in Mildura. The case went over the
weekend, and rather than go back to town, we both stayed up there. During
that time, a friend of mine who was a doctor offered me his launch to go fishing
on the Murray River. So I asked Rob would he like to go fishing, and we loaded
on the boat probably a case of beer. And he said "you know, the trouble about
these fishing trips, is that there's always some bastard who wants to fish."
We had a pretty good run up the river with his associate Jimmy Edwards running the
boat. I don't think either of us dangled a hook in the water, but during the
running of the case, at some stage, some reference was made to Rex v Foster,
and he bent down to his associate and said "Get me that case of Fosters!" "Your
Honour, we drank it last night!" We had a lot of fun in those days, appearing
before judges with a sense of humour - I don't think it happens the same way today.
How many were at the Bar in those days?
When I first went to the Bar (after the war), there were fewer than 100, and we
knew everybody. We met everyone regularly. Now I'd be hard-put to name
three people at the Bar, because when I took silk in 1958, more than half the present
Bar weren't born. So I don't know them and they don't know me.
Conducted for the Bar Oral History project by Juliette Brodsky in the Neil McPhee
Room, Owen Dixon Chambers and filmed by Stewart Carter (People Pictures)
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