John Reeves (judge)
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John Edward Reeves (born 2 January 1952) is a former
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
n politician, lawyer and judge. He was a
Labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
member of the
Australian House of Representatives The House of Representatives is the lower house of the bicameral Parliament of Australia, the upper house being the Senate. Its composition and powers are established in Chapter I of the Constitution of Australia. The term of members of the ...
from 1983 to 1984, a prominent barrister in Darwin afterwards, the author of the controversial 1999 ''Reeves Report'' on
Aboriginal land rights in Australia Indigenous land rights in Australia, also known as Aboriginal land rights in Australia, relate to the rights and interests in land of Aboriginal and Torres Strait Islander people in Australia, and the term may also include the struggle for thos ...
. He served as a Judge of the
Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
from November 2007 to January 2022. From 2007 to 2012 (until the appointment of
Duncan Kerr Duncan James Colquhoun Kerr, SC (born 26 February 1952) is a barrister. He is a former justice of the Federal Court of Australia. He also served as President of the Administrative Appeals Tribunal from 2012 to 2017. Kerr was previously a poli ...
), he was the only former politician serving on the Federal Court, and the only former politician serving on an Australian appellate court.


Political career

Reeves was born in
Stanthorpe, Queensland Stanthorpe is a rural town and locality in the Southern Downs Region, Queensland, Australia. In the , Stanthorpe had a population of 5,406 people. The area surrounding the town is known as the Granite Belt. Geography Stanthorpe lies on the New ...
, and was admitted as a solicitor in 1975 after completing five years articles of clerkship and the Queensland Solicitors Admission Course. He moved to
Alice Springs Alice Springs ( aer, Mparntwe) is the third-largest town in the Northern Territory of Australia. Known as Stuart until 31 August 1933, the name Alice Springs was given by surveyor William Whitfield Mills after Alice, Lady Todd (''née'' Al ...
, where he worked as a solicitor, and became involved with the Labor Party. He won
preselection Preselection is the process by which a candidate is selected, usually by a political party, to contest an election for political office. It is also referred to as candidate selection. It is a fundamental function of political parties. The presele ...
to contest the
Northern Territory The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
seat in the
House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entitles. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often c ...
for the 1983 federal election. He was elected amidst the election of the Hawke government, ending a 17-year hold on the seat by the
Coalition A coalition is a group formed when two or more people or groups temporarily work together to achieve a common goal. The term is most frequently used to denote a formation of power in political or economical spaces. Formation According to ''A Gui ...
(the Country Party until 1974, and the
Country Liberal Party The Country Liberal Party of the Northern Territory (CLP) is a centre-right political party in Australia's Northern Territory. In local politics it operates in a two-party system with the Australian Labor Party (ALP). It also contests federal ...
afterward). Another federal election was held the following year, however, and Reeves faced a strong challenge when the
Chief Minister of the Northern Territory The chief minister of the Northern Territory is the head of government of the Northern Territory. The office is the equivalent of a state premier. When the Northern Territory Legislative Assembly was created in 1974, the head of government wa ...
,
Paul Everingham Paul Anthony Edward Everingham (born 4 February 1943) is a former Australian politician who was the head of government of the Northern Territory of Australia from 1977 to 1984, serving as the second and last Majority Leader (1977–1978) and ...
, resigned to challenge Reeves. Initially thought to have little chance against the popular Everingham, he closed the gap in the polls significantly during the campaign. Ultimately, he was defeated on the fourth count, losing by 1,800 votes. Reeves had moved to Darwin upon his election to parliament, and returned to his legal practice there after his 1984 defeat, being admitted to the bar the following year."Member Profiles: John Reeves"
, '' Northern Territory Bar Association''. Accessed 21 April 2009.
He remained involved in the Labor Party, where he was heavily associated with the party's right-wing faction, and initially was a staunch ally of Opposition Leader Bob Collins. Reeves subsequently nominated and won the presidency of the Northern Territory branch of the ALP in 1985 over concerted opposition from the party's left wing. Though he remained ideologically aligned with Collins during his term as party president, Reeves announced in 1986 that he intended to run for the
Northern Territory Legislative Assembly The Legislative Assembly of the Northern Territory is the unicameral legislature of the Northern Territory of Australia. The Legislative Assembly has 25 members, each elected in single-member electorates for four-year terms. The voting method fo ...
at the 1987 territory election, in a move that was widely seen as a prelude to a leadership challenge against Collins. He lost preselection for the highly marginal CLP seat of Jingili, and was forced to contest the less marginal seat of
Casuarina ''Casuarina'' is a genus of 17 tree species in the family Casuarinaceae, native to Australia, the Indian subcontinent, southeast Asia, islands of the western Pacific Ocean, and eastern Africa. It was once treated as the sole genus in the fami ...
, which he went on to lose to incumbent MLA
Nick Dondas Nicholas Manuel Dondas (born 26 October 1939) is a former Country Liberal politician in the Northern Territory, Australia, representing the seat of Casuarina in the Northern Territory Legislative Assembly from 1974 to 1994, and the Division o ...
. Reeves' influence within the ALP began to wane significantly after 1987. A left-wing candidate,
Warren Snowdon Warren Edward Snowdon (born 20 March 1950) is an Australian former politician who served as a member of the House of Representatives from July 1987 to March 1996, and again from October 1998 until May 2022. Initially representing the Division of ...
, won preselection for the federal seat for the 1987 federal election. Reeves strongly criticised Snowdon, stating that his victory was an "aberration" and urging the party not to shift to the left. Snowdon's supporters moved to gain control of the NT branch at the 1987 party conference, ousting both Reeves as party president and his ally Collins as delegate to the party's National Executive. Reeves attempted to make a political comeback at the 1990 territory election, but lost preselection for Casuarina and did not run for public office again.


Legal career and the Reeves Report

Reeves developed a significant legal practice as a barrister in Darwin in the 1990s, and became increasingly distant from the Labor Party. In 1996, after his former rival Nick Dondas defeated Snowdon for the Northern Territory seat, he represented Dondas against a Court of Disputed Returns challenge by Snowdon. He was a close friend of
Shane Stone Shane Leslie Stone (born 25 September 1950) is an Australian political figure. He is currently the Chair of the Council for the Order of Australia. He was also the Coordinator-General of the National Recovery and Resilience Agency and its pre ...
, the CLP
Chief Minister A chief minister is an elected or appointed head of government of – in most instances – a sub-national entity, for instance an administrative subdivision or federal constituent entity. Examples include a state (and sometimes a union terri ...
from 1995, and was appointed as a Queens Counsel by Stone in 1997. In 1997,
Liberal Liberal or liberalism may refer to: Politics * a supporter of liberalism ** Liberalism by country * an adherent of a Liberal Party * Liberalism (international relations) * Sexually liberal feminism * Social liberalism Arts, entertainment and m ...
Prime Minister
John Howard John Winston Howard (born 26 July 1939) is an Australian former politician who served as the 25th prime minister of Australia from 1996 to 2007, holding office as leader of the Liberal Party. His eleven-year tenure as prime minister is the s ...
announced an inquiry into the ''
Aboriginal Land Rights Act 1976 The ''Aboriginal Land Rights (Northern Territory) Act 1976'' (ALRA) is Australian federal government legislation that provides the basis upon which Aboriginal Australian people in the Northern Territory can claim rights to land based on traditi ...
''. Reeves, known to be the CLP's preferred appointee, was tipped the head the inquiry, and was duly appointed in October 1997. The appointment was criticised by Aboriginal groups both for his lack of judicial experience and his history of defending developers accused of desecrating Aboriginal sacred sites. The ''Reeves Report'' (full title ''The Aboriginal Land Rights Act (Northern Territory) 1976, Building on Land Rights for the Next Generation'' ), was released in August 1998, and advocated sweeping changes to land rights legislation, including the scrapping of permits for access to Aboriginal land, granting the Northern Territory Government compulsory acquisition powers over Aboriginal land, and scrapping the Aboriginal land councils in favour of a new body. It notably did not, however, recommend the abolition of the right for Aboriginal communities to veto proposed mining projects on their land, a change that the mining industry had been heavily lobbying for. The report was strongly opposed in Aboriginal communities across the territory at public hearings, with a copy of the report being publicly burned at
Yuendumu Yuendumu is a town in the Northern Territory of Australia, northwest of Alice Springs on the Tanami Road, within the Central Desert Region local government area. It ranks as one of the larger remote communities in central Australia, and has a t ...
and prominent Aboriginal leaders, including
Galarrwuy Yunupingu Galarrwuy Yunupingu (born 30 June 1948), also known as James Galarrwuy Yunupingu and Dr Yunupingu, is a leader in the Aboriginal Australian community, and has been involved in the fight for Indigenous land rights in Australia throughout his c ...
and
Alison Anderson Alison Nampitjinpa Anderson (born 28 January 1958) is an Australian politician. She was member of the Northern Territory Legislative Assembly between 2005 and 2016, representing the electorate of Namatijra (known as MacDonnell until 2012). Cu ...
, attacking the report in the media. It also received a lukewarm response in federal parliament, despite strong support from the Stone territory government; it was vigorously opposed by a number of prominent former Liberal politicians, including
Malcolm Fraser John Malcolm Fraser (; 21 May 1930 – 20 March 2015) was an Australian politician who served as the 22nd prime minister of Australia from 1975 to 1983, holding office as the leader of the Liberal Party of Australia. Fraser was raised on hi ...
,
Ian Viner Robert Ian Viner AO (born 21 January 1933) is an Australian solicitor and barrister,Ian Wilson,
Peter Baume Peter Erne Baume, AC (born 30 January 1935) is a retired Australian doctor and politician. He was a Senator for New South Wales from 1974 to 1991, representing the Liberal Party. He served as Minister for Aboriginal Affairs (1980–1982) a ...
, and
Fred Chaney Frederick Michael Chaney, AO (born 28 October 1941) is a former Australian politician who was deputy leader of the Liberal Party from 1989 to 1990 and served as a minister in the Fraser Government. He was a Senator for Western Australia from ...
. A cross-party parliamentary committee in the House of Representatives unanimously declined to adopt the report's recommendations; it was also rejected by the corresponding committee in the Senate. None of its recommendations were enacted into law in the aftermath, but some were revived a decade later by the Howard government as part of the
Northern Territory National Emergency Response The Northern Territory National Emergency Response, also known as "The Intervention" or the Northern Territory Intervention, and sometimes the abbreviation "NTER" (for Northern Territory Emergency Response) was a package of measures enforced by ...
.


Appointment as a Judge of the Federal Court

Reeves remained a prominent figure in the Northern Territory legal community, serving as President of the Northern Territory Bar Association from 2000 to 2005 and Vice-President of the
Australian Bar Association The Australian Bar Association (ABA) is the peak body representing more than 6,000 barristers throughout Australia. The ABA was established in 1963 to serve, promote and represent its members, and advocate for fair and equal justice for all. ...
from 2003 to 2004. He also served as Deputy Chair of the Legal Practitioner's Complaints Committee, and as Chairman of the Northern Territory division of the
Australian Red Cross The Australian Red Cross, formally the Australian Red Cross Society, is a humanitarian aid and community services charity in Australia. Tracing its history back to 1923 and being incorporated by royal charter in 1941, the Australian Red Cros ...
. He was also appointed to the taskforce of the Northern Territory National Emergency Response in 2007. Reeves was appointed to the
Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
in November 2007, as one of the last judicial appointments of the Howard government. He was the first judge to be specifically based in Darwin, which had previously been served by interstate judges in an acting capacity. In March 2009, however, he was transferred to Brisbane, following concerns that the judicial workload in Darwin was not sufficient to warrant a resident judge, and a number of cases from which he had to withdraw due to potential conflicts of interest with his past legal work as a barrister. Reeves is one of only six politicians to have served in both the
Parliament of Australia The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the ...
and the
Federal Court of Australia The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indic ...
, alongside
Nigel Bowen Sir Nigel Hubert Bowen, AC, KBE, QC (26 May 191127 September 1994) was an Australian lawyer, politician and judge. He was a member of the Liberal Party and served in the House of Representatives from 1964 to 1973, representing the New South W ...
,
Robert Ellicott Robert James Ellicott, (15 April 1927 – 31 October 2022) was an Australian barrister, politician and judge. He served as Solicitor-General of Australia (1969–1973) before entering the House of Representatives at the 1974 federal election ...
,
Merv Everett Mervyn George Everett (7 October 1917 – 27 October 1988) was an Australian politician and judge. Born in Hobart, Tasmania, Everett was educated at the University of Tasmania before becoming a barrister. In 1964, he was elected to the Tasmania ...
,
Tony Whitlam Antony Philip Whitlam (born 7 January 1944) is an Australian lawyer who has served as a politician and judge. He is the son of Gough Whitlam (former Prime Minister) and Margaret Whitlam. Early life and education Whitlam was born in Elizabet ...
and
Duncan Kerr Duncan James Colquhoun Kerr, SC (born 26 February 1952) is a barrister. He is a former justice of the Federal Court of Australia. He also served as President of the Administrative Appeals Tribunal from 2012 to 2017. Kerr was previously a poli ...
. His notable decisions include (in no particular order); Stoddart v Boulton
009 009 may refer to: * OO9, gauge model railways * O09, FAA identifier for Round Valley Airport * 0O9, FAA identifier for Ward Field, see List of airports in California * British secret agent 009, see 00 Agent * BA 009, see British Airways Flight 9 * ...
FCA 1108 regarding spousal privilege at common law in Australia and QGC Pty Limited v Bygrave 011FCA 1457 dealing with the role and registration of Indigenous Land Use Agreements. Reeves was also the docket Judge for the Australian Securities and Investment Commission's litigation in 2011–12 against the collapsed Storm Financial Ltd. The litigation also involved the Commonwealth Bank, Macquarie Bank and the Bank of Queensland. On 1 May 2009 Justice Reeves was appointed as an Additional Judge of the
Supreme Court of the Northern Territory The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters. It is aro ...
. Justice Reeves travelled to both Darwin and
Alice Springs Alice Springs ( aer, Mparntwe) is the third-largest town in the Northern Territory of Australia. Known as Stuart until 31 August 1933, the name Alice Springs was given by surveyor William Whitfield Mills after Alice, Lady Todd (''née'' Al ...
in this capacity. Reeves retired from the Federal Court on 1 January 2022.


See also

*
List of Judges of the Federal Court of Australia Judges who have served on the Federal Court of Australia , are appointed in accordance with Section 72 of the Constitution of Australia, section 72 of the Constitution, which has, since the Court's inception in 1976, been for a term expiring at ...


References

{{DEFAULTSORT:Reeves, John 1952 births Australian Labor Party members of the Parliament of Australia Judges of the Federal Court of Australia Members of the Australian House of Representatives for Northern Territory Members of the Australian House of Representatives Living people Judges of the Supreme Court of the Northern Territory Australian King's Counsel 20th-century Australian politicians