Frank Costigan, 14 January 1931–12 April 2009
I was privileged to read at the Melbourne Bar. I recall my first meeting with the Chairman, Francis Xavier Costigan QC. I wanted to do my reading during university vacation time while pursuing my theological studies.
Entering Frank's chambers, I was greeted by one who was completely at home at the Bar. I had entered his intellectual warren, the sanctuary of his conscience. He considered my request while casually drawing on his cigarette. For a moment I had a sense that my future was in the same balance as the spent ash on the precarious end of the cigarette.
He smiled gently and, with that characteristic glint in the eye, surmised that the problem, though unique, was not insuperable. He seemed to take some delight in paving the way for a Jesuit to come to the Bar, though briefly.
Some time later, I asked my friend Colin McDonald if I could squat in his chambers. Colin approached the Chairman who expressed gratitude for receiving notification from such junior counsel. Frank said, 'I had heard that you and the Reverend Brennan were thinking of co-habiting. Though it is not the usual practice, in fact a sinful practice usually frowned upon, I would be required to act only on receipt of a complaint. I can't imagine any member of the Bar lodging a complaint in such circumstances.'
He was a Chairman who knew, respected and always lived by the rules and mores of the Bar, while maintaining the common touch, common sense, and a wise perspective on the purpose and limits of rules and law — and always with a deft touch of humour.
Some years later Colin, who had moved to Darwin, was attending a legal conference in Bali. Frank was there too. Over a drink, Colin reflected that he was exhausted and broke after some years working in Aboriginal legal aid. Frank, having just completed his royal commission, drew on his cigarette and said, 'I know exactly how you feel, though mind you I am not broke'.
They circumnavigated Bali philosophising about the social utility of the law. This was the first of many overseas escapades by Frank in his post-commission days.
Last Thursday evening, I dined with Frank's family — Ruth and the children. Recalling Frank's favourite