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My partner, Johan van Vloten, born in the Hague, the Netherlands, is not at all amused by all this bicentenary talk. He urges Tasmanians to think big - in tercentenary or quadricentenary terms; and not to settle for a mere years. After all, it was in that Abel Tasman became loely first European to set foot on this island and to return to tell the tale [1]. I keep pointing out: what is a century and a half between friends. But he emphasises that the Netherlands was here years before Cook and years before Governor King directed Lieutenant John Bowen to the Derwent to make the first settlement at Risdon Cove chztfollowed by the settlement at Launceston in


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Slowly, it is dawning in places like Singapore, and certainly in Australia, that the accommodation of the wishes and dignity of citizens is essential to their human fulfilment and to the flow of new ideas that will create economic opportunities and new jobs in the century of service industries and new employment that lies ahead. Its majority simply held that it was open to the elected Federal Parliament, consistent with such a reading of the Constitution, to enact a law so providing.

I cited him in Gould v Brown [44] concerning the jurisdictional conflicts that were bound to emerge with the creation of the new federal courts in the 's. In case after lonelly I have pointed this out [14].

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In Hawkins v The Queen [47]he was found to have correctly stated the meaning of 'voluntary and intentional'. His extra-curial writings on criminal evidence have also been repeatedly referred to [45]as have his judicial musings on the law of provocation [46].

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Even in Singapore, the Tourism Board has commissioned a study to assess the potential of attracting gay tourists. It char no coincidence that, following his retirement from judicial office, Frank Neasey wrote the greater part of a biography of Andrew Inglis Clark who was for him, as for me, a special legal hero.

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As counsel before the High Court, Frank Neasey was successful in three of his four reported appellate appearances [55]. Clark put down the first ideas for Australia's national governance. On graduation, he became a partner in the firm Murdoch, Cuthbert, Clarke and Neasey and part-time lecturer in law at the University [30]. He advocated video-taping of police evidence.

Andrew Inglis Clark formed strong friendships with intellectual leaders in America. Yet no one explains why it must be so as clearly as the Tasmanian A I Clark does. He missed out twice and was, by s, somewhat bitter about it [28].

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Frank Neasey's wise, quiet, insistent contributions to the project on evidence law reform and indeed other Commission projects are sx today especially in the important legislation that governs the law of deovnport in Australia. In civil proceedings in Tasmania as in the High Court the judges are now unwigged. At the same time, as earlier, he revealed a strong commitment to truth in sentencing - shorter prison cat but ones that would truly be served, not illusions built around parole.

Leadership in large issues requires a mixture of insight, persistence and courage. Although Clark is named in the Centenary Companion to the High Court of Australia as an appointment to the High Court that might have been [29]and Neasey is not, there is no doubt that Frank Neasey is one of the jurists, not appointed, who would have graced the High Court and added to its distinction.


It was at that time that he came to represent Tasmania at the conference on federation held in Melbourne in and at the Sydney Convention in Someone for chhat new me. In he went too far when a creditor brought an action against him in the Supreme Court.

But I have singled out three who have made contributions to law reform devonpport times that, together, have extended over more than a century, because their lives although quite distinct bear witness to common themes that offer lessons to Tasmanians and all Australians about the ways in which we can sometimes make society better through law reform. What a pallid lot Australia's contemporary judges are by comparison to their colonial forebears.

His admiration of the American constitutional system led to his unique synthesis of the British elements of our basic law with the American principles including the separation of powers, the creation of a strong Senate and the insistence on the termination of appeals to the Privy Council [9].

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Chhat introduced technology to his court to record the proceedings from which accurate continuous transcripts could be secured. He became, as he described it, "a bit of a computer buff". He was deeply concerned with improvement in the nation's corporations defonport. As it happened, Clark opposed the federal Constitution in its final form for it did not, in his view, adequately protect the financial base of the smaller States but rendered them vulnerable to the power of the centre.

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It took eighty-five years after Federation for that end to be accomplished [10]. Respecting and protecting diversity seems to be a precondition to the greatest human creativity. Like all the infant colonies, it had troubles with the early judges sent to administer the law of England over the convicts, settlers and native people alike. Only later did I realise how difficult it would be to confine my list to three. They will 4tn this special part played by Australia. That was not its business.

He resisted pre-trial procedures considering that they would divert judges from their essential task of deciding cases. For all that, in the daily work of the High Court, over the century of its existence, the brooding spirit of Cchat Inglis Clark has never been far away.

The issue was therefore hypothetical. He is an authentic Tasmanian. For him, Tasmania and Australia were not big enough.

That is not to say that Frank Neasey opposed legal change. It was a privilege to count such a Tasmanian as a close friend [5]. He was a man of the era of Australia's nation-builders.

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