Frank Costigan
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Francis Xavier Costigan, , (14 January 1931 – 13 April 2009) was an
Australian Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Au ...
lawyer, Royal Commissioner and social justice activist. Costigan is renowned for presiding over the
Costigan Commission The Costigan Commission (officially titled the Royal Commission on the Activities of the Federated Ship Painters and Dockers Union) was an Australian royal commission held in the 1980s. Headed by Frank Costigan QC, the Commission was establ ...
into organised crime.


Background and early life

One of eight children, Costigan grew up in Preston, a suburb of
Melbourne Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a met ...
and was educated by the
Jesuits The Society of Jesus ( la, Societas Iesu; abbreviation: SJ), also known as the Jesuits (; la, Iesuitæ), is a religious order (Catholic), religious order of clerics regular of pontifical right for men in the Catholic Church headquartered in Rom ...
at St Patrick's College,
East Melbourne East Melbourne is an inner-city suburb in Melbourne, Victoria, Australia, east of Melbourne's Central Business District, located within the City of Melbourne local government area. East Melbourne recorded a population of 4,896 at the 2021 ...
, and at the
University of Melbourne The University of Melbourne is a public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in Victoria. Its main campus is located in Parkville, an inner suburb nor ...
, where he obtained a law degree. He was admitted as a
solicitor A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...
in
Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ...
in 1953 and became a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
in 1957. He was appointed a
Queen's Counsel In the United Kingdom and in some Commonwealth of Nations, Commonwealth countries, a King's Counsel (Post-nominal letters, post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of ...
in Victoria in 1973, and was admitted to practise throughout Australia and in
Ireland Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
. Costigan was the twin brother of Michael Costigan, a writer and editor; and an older brother of Peter Costigan,
Lord Mayor of Melbourne This is a list of the mayors and lord mayors of the City of Melbourne, a local government area of Victoria, Australia. Mayors (1842–1902) Lord mayors (1902–1980) The title of "Lord Mayor" was conferred on the position of mayor by Kin ...
from 1999 to 2001. Messenger describes him as truly decent person who persevered in the "cesspool of politics" because that is where the most good can be done for the most people.


Career

Costigan was active in the campaign to reform the Victorian branch of the
Australian Labor Party The Australian Labor Party (ALP), also simply known as Labor, is the major centre-left political party in Australia, one of two major parties in Australian politics, along with the centre-right Liberal Party of Australia. The party forms the f ...
from the mid-1960s to the early 1970s. At the main Reform meeting held at the Festival Hall, in Dudley Street, Melbourne on 22 January 1971 Costigan was a central and active voice demanding reform of the party. At the beginning of this large meeting, chaired by Tom Burns,
Jim Cairns James Ford Cairns (4 October 191412 October 2003) was an Australian politician who was prominent in the Labor movement through the 1960s and 1970s, and was briefly Treasurer and Deputy Prime Minister in the Whitlam government. He is best re ...
,
Bob Hawke Robert James Lee Hawke (9 December 1929 – 16 May 2019) was an Australian politician and union organiser who served as the 23rd prime minister of Australia from 1983 to 1991, holding office as the leader of the Australian Labor Party (A ...
and George Crawford, Costigan seconded a resolution moved by
Dally Messenger III Dally Messenger III (born 1938) is a civil celebrant, author, publisher, commentator, and a founder and chronicler of the civil celebrant movement which originated in Australia. He is the grandson of the rugby union and rugby league footballer ...
that members of the Victorian Labor Party should have equal say with the Unions in the decision making processes of the party. The resolution was disallowed by the chairman. On the second morning of this meeting Frank Costigan and his supporters, Brian, Max and Norma Edgar, Dally Messenger III, Gerry Cunningham, John Champion et alii, distributed the significant 50-50 leaflet, which ultimately led to a compromise motion moved by
Bob Hogg Robert (Bob) Duncan Hogg AO is an Australian Labor Party (ALP) identity, and former ALP National Secretary. Career * 1976–78: Secretary of the Victorian Branch of the ALP. * 1983–86: Senior adviser to then Australian Prime Minister, Bob H ...
that 60% control stayed with the unions and that branch members, who hitherto had had no representation, were to enjoy 40%. Paul Strangio strongly underscores this Intervention Reform meeting as crucial to the success of the Labor Party in Victoria.
"How do we explain Victorian Labor's changed fortunes over recent decades? The transformation of Victorian Labor can be traced back to federal intervention in the branch in 1970. During its long electoral drought that followed the 1955 split, Victoria Labor was renowned as the most doctrinaire and militant of the state Labor branches. Indeed, it was the Left counterweight to the Right-dominated New South Wales branch. By the late 1960s, forces within the ALP - both from outside and inside Victoria - led by Gough Whitlam, were convinced that Victorian Labor's intransigence was not only a stumbling block to the party's success in this state, but was keeping federal Labor out of office. Hence the rationale for intervention. Undoubtedly, intervention breathed new life into the Victorian ALP."
Costigan, along with a group of lawyers including John Button, John Cain,
Xavier Connor Francis Xavier Connor (12 December 1917 - 27 December 2005) was an Australian jurist. Known professionally as Xavier Connor, he was Chair of the Victorian Bar Council from 1967 to 1969. He was appointed a Justice of the Supreme Court of the A ...
QC, Barry Jones, and
Richard McGarvie Richard Elgin McGarvie, (21 May 1926 – 24 May 2003) was a judge in the Supreme Court of Victoria from 1976 to 1992, and the 24th Governor of Victoria from 1992 to 1997. Early life McGarvie was born and brought up on his parents' dairy farm a ...
, formed a reform group called "The Participants", which challenged the undemocratic state executive for control of the party and supported the political agenda of then opposition leader, and later prime minister,
Gough Whitlam Edward Gough Whitlam (11 July 191621 October 2014) was the 21st prime minister of Australia, serving from 1972 to 1975. The longest-serving federal leader of the Australian Labor Party (ALP) from 1967 to 1977, he was notable for being the he ...
. In 1980, Costigan was appointed by the Australian Government to chair the Royal Commission on the activities of the Federated Ship Painters and Dockers Union (commonly called the Costigan Commission or the Costigan Royal Commission). The commission moved from the investigation of union criminality to allegations of tax evasion and organised crime. It also included a severe condemnation of the dishonesty, negligence and incompetence of the Commonwealth Attorney-General's Department. Costigan was subsequently involved in Catholic campaigns for social justice. He was a director and deputy chair of Jesuit Social Services. Described by Scott as a "tough-minded crimefighter", in the 1998 Australian waterfront dispute he accused the
Patrick Corporation Patrick Corporation is an Australian seaport operator with operations in Brisbane, Fremantle, Melbourne and Sydney. Formerly listed on the Australian Securities Exchange, it is owned by Brookfield Asset Management and Qube Holdings. History ...
of using the same "bottom of the harbour" corporate strategies as he had exposed in his Commission. Costigan later mainly practised in
Alternative Dispute Resolution Alternative dispute resolution (ADR), or external dispute resolution (EDR), typically denotes a wide range of dispute resolution processes and techniques that parties can use to settle disputes with the help of a third party. They are used for ...
, either as an arbitrator or mediator. In 2005 he was appointed chairman of the Australian branch of
Transparency International Transparency International e.V. (TI) is a German registered association founded in 1993 by former employees of the World Bank. Based in Berlin, its nonprofit and non-governmental purpose is to take action to combat global corruption with civil ...
, an anti-corruption coalition.


Personal

Costigan was survived by five children and ten grandchildren.


References


External links


Victorian Bar CouncilEulogy for Francis Xavier Costigan QCVictorian Bar Oral History: Frank Costigan
1931 births 2009 deaths Australian Roman Catholics Australian King's Counsel Australian royal commissioners Australian people of Irish descent Lawyers from Melbourne Melbourne Law School alumni People from Preston, Victoria Australian twins {{Australia-law-bio-stub