Vale Austin Asche AC KC
Vale the Honourable Keith John Austin Asche AC KC
It is with deep sadness that the CLANT Committee acknowledges the passing of the beloved Austin Asche AC KC of 14 December at the age of 99. One of the Northern Territory’s most respect jurists, Mr Asche Queen’s Counsel in 1972; the first Victorian appointed as a Justice to the newly formed Family Court of Australia in 1976; Justice of the Supreme Court of the NT in 1986 and later our Chief Justice and Chairman of the Parole Board; NT Administrator from 1993 to 1997; highly respected academic; Companion of the Order of Australia since 1994; Chancellor of CDU; lifetime member of CLANT; husband to Dr Valerie Asche AM; father, grandfather and great grandfather. Mr Asche was a remarkable Territorian whose contribution to the public life will leave a legacy carried on by many, particularly CLANT Members.
Some personal recollections from Rex Wild AO KC
Many of the readers will be familiar with Austin’s early history in the Territory, schooling, war service, law studentship and practice as a barrister. This short piece is a very personal memory of the grand old man of the Northern Territory.
By the mid-sixties, Austin was one of the leaders of those members of the Victorian Bar practising in the Matrimonial Causes jurisdiction of the Supreme Court of Victoria. I was an articled clerk employed by Geoff Walsh, who was a fellow post-war student with Austin at Melbourne University. We instructed Austin exclusively in all our divorce matters. He drew the necessary papers (petitions), conferred with our clients before court and then appeared before the judge on their behalf to seek a dissolution of marriage. These matters were usually undefended, and took only 20 minutes or so. Austin often had the whole list for the day – sometimes up to 10 or so matters. It was probably quite lucrative. I’d like to know his record in a day! Austin was a delight to instruct. He was only about 40 then; tall, handsome, courteous, moustached and urbane. The clients were always impressed. There were, of course, defended cases from time to time, but not as many as you might expect.
However, unexpectedly, once they took fault out of divorce, with the introduction of the Family Law Act in 1975, cases became more contentious and unpleasant – with major property fights and huge disputations over custody. There were two assassinations of the new Family Court judges in the eighties, something unheard of in all the years before.
Austin was appointed as the first of the Victorian Family Court justices, his pre-eminence in that field being recognised. He had in 1971 been appointed as Queens Counsel and before his elevation to the Bench had appeared in a number of criminal trials, with murder alleged. He was the Deputy to the Chief Justice and ran the Victorian registry. I was now a barrister, doing some family work, and appeared before His Honour from time to time; but mainly in the Full Court, over which he presided. His reputation was of fairness, courtesy and kindness to litigants and practitioners alike. I must say that a great deal of restraint was probably needed in that role as the parties before that Court (in defended matters) were almost always difficult, single-minded and emotional. His knowledge of the law was naturally first-class. It was a brand-new jurisdiction and the legislation was necessarily aimed at reducing the bitterness that the divorce jurisdiction had previously fostered. That it didn’t, was not Austin’s fault. The simple undefended divorces became even simpler but the rabid cases became more so.
Austin’s heart, for all these years, remained firmly in the Northern Territory and he returned there in 1987 as a Supreme Court Judge and then was appointed Chief Justice. I had lost contact with him, but in 1993 I came to Darwin to take up a senior position with the ODPP and from then on, together with my wife Lyn, developed a very close friendship with Austin and Valerie.
His [continuing] stellar career in the Law and public life continued after 1993. His appointment as Administrator and Chancellor of the Northern Territory University and as NT Law Reform Commissioner have all occupied his time during the last 30 years. All that time he maintained his interest in his former professional colleagues, young and old.
In particular, from my point of view, was his support of the Criminal Lawyers Association of the Northern Territory [CLANT]. From 1987, CLANT has conducted a biennial conference in Bali. It has maintained that record throughout the period to 2024, with only two hiccups. I did not attend the first 4 of those conferences [1987, 1989, 1991 and 1993], but have since 1995. As part of the presentations made at the conference, I have produced a play reading on a legal topic for the delegates’ interest, enlightenment and entertainment. Austin has been an enthusiastic contributor to that production from the outset. He has accepted whatever role in which he was cast and entered into the fun of it. Naturally, he was a fine judge-actor, but he accepted what was offered. Thus, his roles, over the years, were:-
1995 Chief Justice Scroggs The Popish Plots [1684]
1997 Judge Sir Redmond Barry Ned Kelly trial
1999 Fullagar QC in High Court Tuckiar trial
2001 Thomas Allen [a witness] Eureka Stockade trial
2005 John May [a witness] Rupert Stuart trial
2007 Eight separate roles Humorous Legal Vignettes
2013 Trial Judge Murder in Gun Alley – trial
By 2013, Austin was of course already 87, but he [along with Valerie] was still an enthusiastic contributor to CLANT conferences and activities. I can’t provide the year, but Austin was probably the first person made an Honorary Life Member of CLANT.
In about 1989 [possibly 1987], an event occurred in CLANT at one of the social gatherings, which is remembered in its annals. Austin, along with Justices John Nader and Phil Rice performed, as a trio, the song Champagne Charlie. Apparently, it was quite something. There are photos!
I visited Austin from time to time at his apartment. He was still very interested in the play readings. He enjoyed reading them and discussing the historical facts. He was an insatiable reader and loved history [and, to my knowledge, the sagas of Iceland]. He had a small book by his bed which lists all the English monarchs, with short histories and a verse about them. He could recite all of them!
I visited him in March this year, bringing with me the Introduction to this year’s CLANT production, the trial of Anne Boleyn, and the 45page Script. I left them for him. He rang me apologetically a few days later. He was embarrassed to tell me that I had a typo in the script. On page 25 I had said a certain event occurred in 1693. It should have been 1593! He remained sharp as a tack!
Austin lent me his academic headgear, which I think are called Tudor hats, for use by the CLANT players. I returned them to him after the Bali Conference. I provided him with a full report of the conference and the play’s performance. I showed him the photographs. He was much pleased with what was his continuing contribution to the Association.
I will miss our regular meetings. The Association has lost its staunchest supporter. But the Territory has lost much more.
Rex Wild 21 December 2024