9 Austl. & N.Z. Mar. L.J. 1 (1993)

handle is hein.journals/ausnewma9 and id is 1 raw text is: Frank Stewart Dethridge
Memorial Lecture 1991
The Hon. Mr Justice David Malcolm
Chief Justice of Western Australia
THE NEGLIGENT PILOT AND THE HIMALAYA CLAUSE: A SAGA
OF DISAGREEMENT
It is a great honour to be invited to deliver to the 1991 Frank Dethridge
Memorial Address. My consciousness of the honour is made particularly
acute by even the most cursory examination of the list of distinguished and
learned jurists who have delivered this address. The purpose of the address
is, of course, to honour the memory of Frank Stewart Dethridge who was
the founding President of the Maritime Law Association which was estab-
lished on 1 April 1974. Mr Dethridge presided over the first meeting of
members of the Association in May 1975. At the time of the meeting in the
following year, however, he fell ill and died in June 1976. It was then that
the decision was taken that this address should be given at each annual
meeting of the Association. The first of the addresses was given by Sir
Ninian Stephen, a Justice of the High Court of Australia. Sir Ninian knew
Frank Dethridge personally. I knew him only by reputation as the senior
partner of Mallesons. Fourteen years ago when concluding the first of these
addresses Sir Ninian described Frank Dethridge as follows:
He was a man learned in the law and with a great interest in and much experience
of shipping law. Those members of the Victorian Bar fortunate enough to be
briefed by him in shipping matters were the wiser for his counsel. His wisdom,
kindness and moderation will long be remembered in the profession. He had
developed to an exquisite degree that high art of the instructing solicitor, how
to teach counsel what he does not know but needs to learn for the case in hand,
while conveying the impression all the while that it is he, the instructing
solicitor, who is collecting pearls of wisdom as they fall from counsel's lips.

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