The Pincus Scholarship - The Honourable Justice C.W. Pincus

This biography has been prepared by David O'Brien, former associate to Justice Pincus and a former partner of Minter Ellison.

At the valedictory ceremony to mark the retirement of Justice C.W. (“Bill”) Pincus from the Queensland Court of Appeal on 2 March 2001, Chief Justice de Jersey said:

“Judicially, Mr Justice Pincus’ hallmarks have been his deeply penetrating intellect, and his glaring, his startling honesty - and that embraces an acute perception of reality. Some people have found the combination of those qualities disconcerting. Yet for obvious reasons their existence has been distinctly beneficial to the community…But His Honour’s unique judicial legacy rests in his judgments: they display brilliance, and that is unsurprising given the conjunction of that intellect, wisdom and honesty. Their acuity is explained also in no small degree by His Honour’s approach during hearings: a master of the Socratic method, he would draw counsel quickly to the point, often uncovering real issues not hitherto perceived.”

No one would mind being described as ‘brilliant’, ‘honest’ and ‘wise’, but Pincus JA on the day seemed to be equally accepting of ‘glaring’, ‘startling’ and ‘Socratic’. These balancing items were also emphasised by the two former colleagues of Bill who gave eulogies at his remembrance ceremony. The balance accurately captures the Judge’s nature. However, the intriguing question is why the dissonance, if dissonance there be in the Socratic method?

I had the pleasure of reading a transcript of Chief Justice de Jersey’s valedictory remarks to an earlier Chief Justice and Governor, Sir Walter Campbell. Sir Walter was visibly moved by the remarks, and observed of Bill that, “No one strove so hard for justice.” And that is the point. Bill did not mind hurting feelings to get at justice. Doubtless those who appeared against Bill, and later before him, found his methods disconcerting. I know I did. But the method of pursuit was not personal, nor flinching. His Honour was always seriously engaged in the point, and consistently therefore welcomed serious push back.

I first came to know of Mr Pincus QC in 1984, my first year as an articled clerk at Morris, Fletcher & Cross (now Minter Ellison). He was a leading commercial silk at the Queensland bar. I instructed him, and a junior, John Muir, in Jago v Dainford Ltd, a case they went on to win in the Federal Court and hold on appeal. In those days it was not hard to discharge your obligation to a client to brief the best barrister available. “Get Bill” was a familiar refrain.

Mr Pincus QC was appointed by the then Commonwealth Attorney-General, Senator Gareth Evans to the Federal Court of Australia and the Supreme Court of the Australian Capital Territory on 23 April 1985, after what Chief Justice de Jersey described as a “dauntingly successful 26-year career at the bar”. The Chief Justice of the Federal Court at the time was Sir Nigel Bowen. Both he and Senator Evans regarded this appointment as an achievement.

I was the Judge’s associate in his first year as a Judge. Sir Nigel considered it important for a new judge to meet his judicial colleagues, and to visit each courthouse so the local profession could meet with him too. Consequently, much of the year was taken up with interstate travel. During these travels, it became obvious that Bill also had a national reputation. Many of the interstate Judges welcomed him as an old friend who they respected and, with or against whom they had appeared. This impression of a national reputation was reinforced almost every time we flew. Bill would be sought out by federal and state ministers of both major political parties, for many of whom he had acted, and warmly engaged during flights. Bill was also well known to the High Court, before whom he had appeared on numerous occasions prior to being appointed.

During my year as his associate, I saw the characteristics mentioned by Chief Justice de Jersey, and more. For example, Bill had a good sense of humour, including a sense of the ribald. On one visit to Sydney, while Justice Pincus was juggling a full lunch tray across a packed café at the Law Courts building, Justice Beaumont unexpectedly pulled a $10 note from his pocket and called out, “Bill, have you got two fives for a ten?” Seeing Bill trying not to laugh while juggling a tray in a busy café was memorable.

In 1991, Bill became one of the 4 inaugural Justices of the Queensland Court of Appeal, and our paths began to diverge because of differing commitments. However, upon his retirement Minter Ellison held a dinner for Bill to mark the occasion, and in particular the great service he had done the firm as a barrister. An unusual thing happened at this dinner. Unprompted, Bill sang. In an impressive baritone voice, he sang Ol’ Man River, a song made famous by Paul Robeson. Bill had mastered the song, including the twelfth and final verse:

“Ah, gits weary

An’ sick of tryin’

Ah’m tired of living

An’ scared of dyin’

But ol’ man river

He jes’ keeps rollin’ along!”

It is appropriate that Bill be honoured and remembered with a scholarship at this Law School. In addition to his distinguished career as a barrister and judge, he here gained a first-class honours degree in law when those were not common, and the Virgil Power Prize (1959). He also taught here (1964-1970) and was a member of the board of the Law Faculty (1967-1981). Even today, he is fondly remembered by academics at the Law School. He regarded education as of foremost importance. Each of his 4 children were educated at UQ, three as lawyers and one as a doctor.

Chief Justice de Jersey finished his remarks by acknowledging Gillian Pincus (nee Stendrup), Bill’s wife. The Chief Justice said:

“In wistfully farewelling Mr Justice Pincus from our immediate midst, we also farewell Mrs Gillian Pincus, whose own vast wisdom has no doubt not infrequently informed the Judge’s. Her support of her husband has been substantial and warrants our expression of sincere thanks.”

Gillian's support, and our thanks, grew in retirement.