Judge David Smith '63

Written on the 18 April 2018 by Old Collegians Association

Judge David Smith

Excerpt from 1999 Rostrevor Magazine

The Rostrevor Old Collegians' Congratulate Judge David Smith.

The Rostrevor College Community takes considerable pride in congratulating Judge David Smith ('63) on his recent appointment as District Court Judge (1999). David now joins fellow old scholars Judge Michael David ('62) and Justice Kevin Duggan ('58) as South Australian judges.

David began his education at Rostrevor in 1956 in Br O'Connor's class after a few years at Cabra and four years at CBC Wakefield St. In 195 7 his family moved to Oodnadatta where his father took up the license of the Transcontinental Hotel and David began life as a border at Rostrevor. 1n 1963 his father took up the Crafers Hotel and David spent his last year as a day scholar, David's brother Richard ('73) began his schooling at Rostrevor in 1963 and the Kain family, Brendan ('52), Gavin ('53) and John ('84) are maternal cousins.

His teacher in Year 7 was Mr. Tom Kendell and he remembers with affection the compliments and encouragement he received from Mr. Kendell, as his class room teacher, which to this day have played a part m his vocational direction.

David commenced his studies in Lawin 1964 alongside fellow old scholars Mark Minarelli ('63), Brian Baillie ('63) and Kym Kelly ('63). Kym Kelly is currently the South Australian Chief Counsel whose role is to provide legal advice on complex and sensitive matters to Ministers, Chief Executives and the Statutory Authorities.

David graduated in 1968 and was admitted to the bar in 1969. In that year he was conscripted for two years into the Australian Army Psychology Corp and lived in Sydney until discharged in 1971. While stationed in Sydney he played Australian Rules Football for Newtown and was selected to represent N.S.W. in their State Team against Canberra and Queensland. During this period, he married Mary Conroy and they have had two sons, Julian and Andrew.

From 1971 to '73 he worked in Adelaide for Stevens Jacobs Mellor and Bollen but then moved to London with Waltons and Co before moving back to Adelaide and taking up a position with Wallman and Partners for nine years. In July 1982 he joined Jeffcott Chambers as a foundation member and practiced as a barrister until his appointment as a Judge in September of this year. In 1998 he was appointed a Queen's Counsel.

As a barrister David has been involved in many notable legal cases including the Royal Commission into the Hindmarsh Island Bridge, the Barry Moyse trial, the Dr Duncan Drowning Case and the inquest into the Alice Springs Hot Air Balloon disaster. He has also worked in Licensing jurisdiction through Leon McEvoy ('63) as "'instructing solicitor" for Adrian ('66) and Leon Satumo ('67). David has also published and presented several articles and a range of seminar papers and tutored and lectured in Law early in his career.

Caption for photo above: 1963 1st X1
Back: J. Muldoon, R. Wasley, D. Sandery, W Hearn, S. Fraser. 

Front: C Hum, F Wolff, D. Smith, (Capt.) J. P. Walsh, L. McEvoy, R. Duke.

David has had regular association with Rostrevor over the years through CBOC Football Club and the Old Collegians' Cricket Club. He played in Creagh O'Connor's ('53) Invitation Eleven alongside Roger Wasley ('64), Jack Baillie ('62), David Pozza ('69), Mark Shadiac ('73), Leon McEvoy ('63) and Chris Sargent ('71) and other intermittent old scholar cricket legends!

Judge Smith's personal achievements as a student at Rostrevor are noteworthy. He was a Prefect in '63 and Captain of the 1st XI after captaining all his underage cricket teams from Grade 7. He represented the College in the 1st XVIII and the Drive Tennis Team and was the recipient of a Commonwealth Scholarship, an Officer in the YCS and also editor of the Day by Day column in the Annuals for a number of years.

As a boarder David remembers the scholarly influence of his first Principal, Br Kelty. David was of the last group of boarders to inhabit the Bungalow dormitory before its making way for the new Rice Wing dorms. Br Francis and then Br Hayes were his early dorm masters. Br Miller was his dorm master for his last years and David attributes his Commonwealth Scholarship success in part to the work done by Br Miller as his teacher of Maths I and II.

He is also grateful for the perseverance of Br Cormie, now Dr Bernie Cormie, his Physics teacher in Leaving Honours, who supported his students beyond the classroom. David also recalls his adolescent foibles. On one occasion a group of boys, including David, misbehaved in the dorm while Br Miller was out, and Br Cormie had them line up outside Br Miller's office. A long, anxious night awaited them until Br Cormie returned to excuse them back to bed before Br Miller's return - although the point was not lost!

Judge David Smith was appointed as a District Court Judge in September this year. This honour recognizes not only his lifetime achievements in his chosen career but also, through the eyes of the Old Collegians', a proud moment for Rostrevor College and the Christian Brothers.

Judge David Smith is a fine embodiment of the ethos of Blessed Edmund Rice and the College motto "Palma Merenti", the reward to the one who merits it. The Rostrevor Old Collegians' speak as one in congratulating him on his fine achievement and thank him for providing a role model for current and future Rostrevor boys to aspire to.


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Author:Old Collegians Association


Glen Stuart Rd Woodforde Sa 5072 Australia


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