The Honourable Justice George Palmer: appointed president of the Arts Law Centre of Australia.

By Garey Campbell, Administration Manager at Arts Law.

Published in ART+law, March 2005

The appointment of NSW Supreme Court Judge, the Hon Justice George Palmer, as President of the Arts Law Centre of Australia, the national legal body representing Australian artists and creators, would seem to be inspired cast

In profiling George Palmer, Garey Campbell asks what this ‘renaissance’ man can bring to the organization, what is his vision for its future, and what impact he may have during his tenure.

George Palmer’s journey - solicitor, barrister, judge, musician, composer - and his preparation for the Bench, began with what would be described today as a ‘classical education ‘ – the type currently considered to be politically incorrect and of little or no value in the ‘work place oriented’ mentality.

Formal education for George Alfred Palmer began at Hunters Hill Primary, to be followed by St Ignatius College Riverview where his love for music, language, and the classics was nurtured - and allowed to flourish. It was here he distinguished himself as a musician – the school organist – and a classical scholar – writing poetry in both Latin and English. At his Swearing in Ceremony in 2001 he would pay a warm and heartfelt tribute to his classics master at St Ignatius College, Fr. Charles Fraser, describing him as ‘a man of immense learning and accomplishment, he wears his scholarship lightly, and generations….have been influenced by his generosity, humanity, and a certain sardonic, if not deflating, wit.’[1]

On completion of his Law degree, and graduation from the University of Sydney with Honours in Latin, he was articled at Freehill Hollingdale & Page where his interest in corporate law was born. Admitted as a solicitor in 1970, he joined Tribe & Strasser where he soon became partner. Now a highly regarded corporate lawyer specializing in the Law of Trusts, and with his star in the ascendancy, George Palmer was called to the Bar in 1974, taking Silk in 1986.

In the ensuing years he distinguished himself in public enquiries – Junior Counsel in the Woodward Royal Commission into Drug Trafficking, the National Companies and Securities Commission appointment to investigate the collapse of the Balanced Property Trusts – and commercial litigation including Spedley[2], Tryart[3], and Talbot v. NRMA Holdings[4].

In what would prove to be a seminal point in his career, George Palmer as Senior Counsel would lead a team in one of Australia’s largest and longest running (1990 to 1997) commercial litigations, the Estate Mortgage[5] case.

Appointed Acting Judge of the Supreme Court New South Wales - Commercial Division in 1991, he was sworn in as a Judge of the Supreme Court of New South Wales – Equity Division in April 2001.

His ability at and passion for the law having now been clearly recognized, what place had there been for the other great passion in his life – music?

In the ABC TV Australian Story, which aired on April 5 2004, George Palmer described his role as judge, the processes in decision-making and discharge of his duties and responsibilities, and the role music played in assisting and inspiring him.

‘Music has been as a worthy escape route from the pressures and intensity of the law…I found it took me out of my legal brain into a completely different world – where I can be far more expressive and creative…Music is a stimulus to my ability to carry on as well as I can carry on in the law. It’s a constant source of refreshment..it helps me to get through my job as a judge. By the same token doing my job as a judge ..helps with my music as well. It stops me from becoming repetitive, stale and hackneyed I hope! Music has always been in my head…its been impossible to suppress it!’[6]

In revealing during the program that he was going deaf, and the effect that is having - and would ultimately have - on his life and music, Justice Palmer bravely allowed us to see the frailty of the human condition in affliction, and the dignity and grace in acceptance. The impending condition was the catalyst for the composer to get the music out of his head, off the page, and into the ether.

From a profession – and a position – that is regarded as terminally ‘media shy’, allowing the program and subjecting himself – and his family - to public scrutiny says much about the man. The manner in which he deals with the resultant publicity, attention, criticism is also revealing. For example, the success of ‘The Attraction of Opposites’ the debut CD produced by ABC classics is met with a genuine sense of surprise – and humility – that anyone could be or would have been interested enough in his music to want to record it, and that the public should want to buy it!

There is wry bemusement in the attention and publicity surrounding the Australian Story, the release and marketing of the CD, the move to ‘celebrity’ status and his acceptance by and of the ‘popular’ culture, albeit the niche world of classical music.

There are also competing interests now; tensions and stresses between his judicial career and duties, the demands of his ‘other’ life - commissioned musical works due, another CD in the planning – family obligations and commitments, and the need to find a balance between these conflicting interests at this period of his life.

Since being approached by Justice David Levine, the retiring President of Arts Law, George Palmer has been on a steep learning curve about Arts Law, its roles, functions and services; acquiring knowledge of the organizational structure and operation, briefings by arts law management and staff, and meeting with fellow board members to plan for the future.

It is because of his journey, his particular skills set embracing both the law and the arts that Justice Palmer feels he is in a unique position to head Arts Law as it enters the next phase of its development. He is at once, as jurist and composer/musician, able to understand the legal issues facing artists and creators in their practice, and the complexities of the creative process.

‘I bring (to the role) experience and knowledge of the legal and commercial world, together with an understanding of the needs of artists’, he told me ‘to encourage and assist them in the realization and success of their art.’

He is also aware that ability and talent alone is not enough; that the non creative aspects of an artist’s practice – namely business matters including tax and insurance, knowledge of their legal rights, protection of copyright and intellectual property – need to be managed properly otherwise their art, careers, livelihoods, could be severely curtailed or damaged.

For the continuing work of Arts Law in representing Australian artists and creative, Justice Palmer is now the passionate advocate, optimism tempered with practicality as to how this national resource can sustain itself and grow to meet the demand for its services in current and future economic and political climates.

In Arts Law’s Annual Report, he recognizes that ‘it is becoming increasingly important for arts organizations as well as community legal services to be creative in the way they go about their fundraising. This involves developing new relationships and partnerships with Government, in the arts and in the legal and business worlds.’ Further he sees the need for, and is interested in ‘exploring the opportunities for established artists to contribute to Arts Law by participating in events organised by Arts Law to develop wider relationships within the legal and business communities.’[7]

Justice Palmer acknowledges an important key to Arts Law’s survival  - and success – is to raise the profile of the organization, and together with fellow Board members, wants to play an active role in this, the endgame being to increase Arts Law’s income base, underpinning the current and projected demand on resources.

Whilst acknowledging the pro bono and in kind assistance already given by lawyers and firms, he is further ‘interested in exploring other ways in which the legal profession, and perhaps the accounting profession as well, can work with Arts Law to maximize the services we provide..’[8]

How these elements – knowledge, experience, passion, and enthusiasm – can be harnessed to produce strategies or effect change that will directly benefit Arts Law, only time will tell.

But as someone involved in the struggle of Australian artists and creators for success at their art or craft, and what that ultimately means for Australian culture and national identity, the appointment of Justice Palmer to Arts Law is encouraging, and bodes well for the organization and its constituents.