Melissa Parke (Fremantle, Australian Labor Party, Shadow Assistant Minister for Health) Share this | Link to this | Hansard source

David Malcolm, who passed away on 20 October, will be remembered in Western Australia as one of its greatest sons—Rhodes scholar, state rugby player, fearless Queen's Counsel, highly respected and long-serving Chief Justice, Companion of the Order of Australia and Western Australian Citizen of the Year. But as observed by my brother-in-law Chris Steytler, who served alongside David Malcom as a Supreme Court judge:

The true measure of the man rests in the attributes that underpinned those achievements—intellect, energy, enthusiasm, compassion and a passionate belief in the rights of every individual. `

David Malcolm's judgments have left an enduring testament to his intellectual ability, while his energy and enthusiasm were evident to all who had the good fortune to serve under him as Chief Justice. His capacity for work was boundless. While maintaining a full sitting workload as well as undertaking the heavy responsibilities of court administration, he somehow found the time to present a vast array of public speeches on a wide variety of topics.

But, above all, David Malcolm never forgot that the law is about the community, and the rights, duties and interests of the individuals who must co-exist within it. He recognised that a healthy community is one in which no-one is above the rule of law, one in which different backgrounds, cultures, religious beliefs and interests are respected, one which strives to be free of prejudice and intolerance and one in which human rights are respected in both word and deed. This recognition is what drove him and made him the outstanding Chief Justice that he undoubtedly was.

David Malcolm will be sadly missed by his wife Kaaren, his daughter Manisha, his many friends and by the entire Western Australian community.