Sir Henry Arthur Winneke, (20 October 1908 – 28 December 1985) was a Chief Justice of Victoria and the 21st

Governor of Victoria The governor of Victoria is the representative of the monarch, King Charles III, in the Australian state of Victoria. The governor is one of seven viceregal representatives in the country, analogous to the governors of the other states, and th ...

, from 1974 to 1982.

Early life and career

Winneke was born on 20 October 1908 to the descendants of German immigrants to Victoria. His father, Henry Christian Winneke, was a judge of the

County Court of Victoria The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states. The County Court is the principal trial court in the state, having a broad criminal and civ ...

. Winneke was educated at

Ballarat Grammar School , motto_translation = Honour Follows Labour , streetaddress = 201 Forest Street, , city = Wendouree , state = Victoria , postcode = 3355 , country = Au ...

, Scotch College and 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 no ...

, from which he graduated with a

Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...

in 1929 and a

Master of Laws A Master of Laws (M.L. or LL.M.; Latin: ' or ') is an advanced postgraduate academic degree, pursued by those either holding an undergraduate academic law degree, a professional law degree, or an undergraduate degree in a related subject. In mos ...

in 1930. He was a hockey player while at university, and was awarded a University Blue as well as playing in an Australian Universities team. From 1930 to 1932, he also held a lieutenant's commission in the Melbourne University Rifles. After doing articles at the solicitors firm Gair & Brahe, he was admitted to practice in the Supreme Court of Victoria on 1 May 1931 and called to the

Victorian Bar The Victorian Bar is the bar association of the Australian State of Victoria. The current President of the Bar is Roisin Annesley KC. Its members are barristers registered to practice in Victoria. On 30 June 2020, there were 2,179 counsels ...

on 30 July 1931. He read as a pupil of

Wilfred Fullagar Sir Wilfred Kelsham Fullagar, KBE, QC (16 November 1892 – 9 July 1961) was an Australian judge who served on the High Court of Australia from 1950 until his death in 1961. He had earlier served on the Supreme Court of Victoria from 1945 to 1 ...

, who was later a judge of the High Court of Australia.

Second World War

Following the outbreak of the

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...

, Winneke was commissioned a flying officer (temporary flight lieutenant) in the Citizen Air Force, the reserve component of the

Royal Australian Air Force "Through Adversity to the Stars" , colours = , colours_label = , march = , mascot = , anniversaries = RAAF Anniversary Commemoration ...

(RAAF), on 9 October 1939. He was subsequently promoted to temporary squadron leader on 12 February 1940, to

wing commander Wing commander (Wg Cdr in the RAF, the IAF, and the PAF, WGCDR in the RNZAF and RAAF, formerly sometimes W/C in all services) is a senior commissioned rank in the British Royal Air Force and air forces of many countries which have historical ...

on 1 October 1941, and to group captain a month later, when he was appointed Director of Personnel Services. He was appointed an Officer of the

Order of the British Empire The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established o ...

in 1944.

Post-war career

Following the end of the Second World War, Winneke left the RAAF returned to practice at the Victorian Bar. He developed a large general practice, and was described by Sir

John Young John Young may refer to: Academics * John Young (professor of Greek) (died 1820), Scottish professor of Greek at the University of Glasgow * John C. Young (college president) (1803–1857), American educator, pastor, and president of Centre Col ...

(his successor as Chief Justice) as "a very sound lawyer with a clear and penetrating mind", and a "clear and powerful advocate","Obituary",

986 Year 986 ( CMLXXXVI) was a common year starting on Friday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * August 17 – Battle of the Gates of Trajan: Emperor Basil II leads a Byz ...

Victorian Reports, pp xi–xii. He was appointed a Kings Counsel in 1949, Senior Counsel for the Attorney-General and Crown prosecutor in January 1950 before being appointed Solicitor-General for the State of Victoria in 1951, the first non-minister to be appointed. His appointment was the start of the transformation of Solicitors-General in Australia to a quasi-independent statutory office. As Solicitor-General he regularly prosecuted in important Criminal trials, and also appeared for the State of Victoria in Constitutional cases in the High Court of Australia and the Privy Council. While Solicitor-General, he provided advice to the Victorian Government but could be swayed by political considerations as outlined in an ABC News article of 24 April 202
The memo that erased a scandal
In 1962 he appeared for the government in the High Court, opposing any further delay to the execution of Robert Tait, who had been convicted of murder. He told the court that Tait would be executed the following day, but the government would comply with an order of the court, if it was made. The High Court then made an order delaying the execution.

Chief justice and governor

Winneke was appointed as Chief Justice of Victoria in 1964. According to Sir John Young, he was "a model of fairness", who delivered judgments which "were models of clarity and learning". He was appointed

Lieutenant-Governor A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a " second-in-com ...

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 1972. In 1974, he retired from office as Chief Justice and became the

, an office which he occupied with "great distinction" until 1982. He was knighted in 1957, created a Knight Commander of the Order of St Michael and St George in 1966, a Knight Commander of the Royal Victorian Order in 1977 and a

Companion of the Order of Australia The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Gove ...

in 1982. He received the honorary degree of Doctor of Laws from the

in 1978 and

Monash University Monash University () is a public research university based in Melbourne, Victoria, Australia. Named for prominent World War I general Sir John Monash, it was founded in 1958 and is the second oldest university in the state. The university h ...

in 1980.

Don Chipp Donald Leslie Chipp, AO (21 August 192528 August 2006) was an Australian politician who was the inaugural leader of the Australian Democrats, leading the party from 1977 to 1986. He began his career as a member of the Liberal Party, winning el ...

said that Winneke had told him in 1971 that the convicted murderer Leith Ratten was innocent. In 1981, when Ratten had yet to be released, Chipp said Winneke denied the conversation had taken place. Later a member of the Supreme Court at the time of Ratten's trial told Tom Molomby that Winneke had wanted to remove the jury from the trial. Such a move would require a belief that the evidence would not support a guilty verdict. During the 1970s Winneke worked for the United States of America in what a historian has called "a discreet relationship".Coventry, C. J., "The Eloquence of Robert J Hawke: United States informer, 1973-79,"

Australian Journal of Politics and History The ''Australian Journal of Politics and History'' is a quarterly peer-reviewed academic journal that publishes articles about history, political studies, and international affairs, concentrating on Australia, the Asia-Pacific region, and moder ...

, 67:1 (2021), 79. To United States officials he professed his "undiminished loyalty".

Personal life

Winneke was married twice, first to Nancy Wilkinson in 1933 by whom he had two sons, John and Michael. Following his first wife's death in 1983, in 1984 he married Ellis Faul, who survived him. His son, John Winneke, was also a judge on the Supreme Court of Victoria, being President of the Court of Appeal from its inception in 1995 until his retirement in 2005. Winneke was a keen golfer and follower of Australian Rules Football, being at one time the number one ticket holder of

Hawthorn Football Club The Hawthorn Football Club, nicknamed the Hawks, is a professional Australian rules football club based in Mulgrave, Victoria, that competes in the Australian Football League (AFL). The club was founded in 1902 in the inner-east suburb of Hawt ...

Early life and career

Second World War

Post-war career

Chief justice and governor

Personal life

See also

References

Further reading