House debates

Monday, 18 November 2024

Statements by Members

Verwayen, Mr Bernard Leonardus (Bernie), OAM

4:39 pm

Photo of Andrew WallaceAndrew Wallace (Fisher, Liberal National Party) Share this | | Hansard source

On 10 February 1964, HMAS Voyager was struck by HMAS Melbourne in manoeuvres off Jervis Bay. The Melbourne cut the Voyager in half, sending the Voyager to the bottom of the ocean in just a few short moments, and of the 314 ADF personnel, 82 tragically lost their lives. One of the people on board HMAS Voyager was a constituent of mine, Bernie Verwayen. For all the lawyers listening to this, you might remember that name: Verwayen v Commonwealth.

For nearly 30 years, Bernie Verwayen fought the Commonwealth in what was an incredibly unfair position that the Commonwealth took. That case took on a special precedent in the principle of what we now call 'equitable estoppel'. The Commonwealth basically made a representation from which it then sought to resile. He took it all the way to the High Court and won. He was a man who took on the might of the Commonwealth of Australia and one. I was really proud to call Bernie a friend. He was a great servant of the country and his community in Mooloolah, where I'm very proud to live today. I want to say vale to Bernie Verwayen and thank you, Anita, for being such a good mate to him.