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Before HIH: Owen’s career in the law

Justice Neville Owen is hunkered down somewhere putting the final touches to a report that may change the way the Australian insurance industry operates and is regulated. At the very least, the HIH Royal Commissioner’s report, due to be presented to the Federal Government early next month, will destroy reputations and lower consumer confidence in the industry even further as he sets out in meticulous detail the events that destroyed Australia’s second-largest insurer. His findings will enjoy a wide Australian and international audience.

On April 14 he will make his first public utterances on the HIH disaster when he speaks to a Melbourne conference of some 1500 lawyers and judges. What he says will probably be dictated by what the Federal Government has done with the report. But talking about HIH will be difficult to avoid: he’s scheduled to make a presentation with ASIC Chairman David Knott on the subject of corporate governance after Enron.

Throughout the year of hearings and controversies, Justice Owen has (fittingly) kept his distance from the media. But fame – however brief and unwelcome – will be hard to escape once the report is out. The 55-year-old father of five has a lot of power in his hands.

His background and career show such power will not alter him. The WA Supreme Court judge completed his secondary education at a boarding school at the monastery town of New Norcia, and went on to study law at the University of Western Australia. After two years in practice he did 18 months’ national service, rising to the rank of captain in the army’s legal corps. He remained on the army’s legal advisory panel until 1988.

He practised law from 1975 to 1984, becoming a Clayton Utz partner before being elevated to the bench in 1991. He played a leading role in the prosecutions and investigations that followed the spectacular collapse of the business empire of colourful Perth business identity Alan Bond, showing aptitude in the complexities of corporate structures, insolvency, trusts and equity and media law.

Justice Owen has several administrative responsibilities within the WA court system. He is the judge in charge of the Civil List, with responsibility for the allocation and listing of all civil cases. He is also in charge of the Corporations List, as well as being the convenor of the Supreme Court Rules Committee and nominee of the Chief Justice on national committees investigating ways to harmonise procedural rules and litigation under the Corporations Law.

He has been a visiting lecturer at the University of WA and the local campus of the University of Notre Dame on a variety of legal subjects. He is also on the board of two colleges.

When he was appointed the HIH Royal Commissioner, leading legal experts heaved a sigh of relief. This is not a man to do things by halves, and his reputation has been made in such tough investigations. The judge has asked for – and received – two extensions of time to complete his investigations and write his report.

Whatever he has to say, it’s impact will be lasting.