Obituary - His Honour Warren Christopher Fagan QC, Chev L H

15Sep2014

Bar Roll No 670

It is with deep regret that the Bar Council informs members of the death last Friday 12 September of His Honour Warren Christopher Fagan QC, Chev L H.  Warren was 77 (born 5 February 1937).

Warren Fagan was educated at the Good Shepherd Convent, Abbotsford and Marist Brothers College, East Brunswick. He matriculated at the age of 15 and became a barber. He was named Apprentice of the Year and received that award from the Lieutenant‐Governor, Sir Charles Lowe. He later graduated in Law at the University of Melbourne.

He served Articles with Godfrey Alexander Carter at Pavey Wilson Cohen & Carter (now Corrs Chambers Westgarth). He read with Bill Crockett (later Mr Justice Crockett) and, on Crockett taking silk, completed his pupillage with John Somerville (later Judge Somerville).

The breadth of his practice was remarkable, even in those days of “all‐rounders”. Administrative law was his specialty; planning and local government; environmental law; Health Act prosecutions; crime; commercial law; common law, including personal injuries; and he won then‐record damages of £5,000 in a breach of promise case.

He had 5 Readers and served on numerous Bar, Court and Government Committees. He chaired a Criminal Bar Association committee – the “Fagan Report” led to major reforms, including the establishment of an independent Criminal Trials Listing Directorate.

He practised more than 20 years (nearly 6 years as Silk). He served as a Judge more than 20 years, sitting in every area of the Court’s jurisdiction, including long and complex criminal trials. As Deputy‐President, then President, of the Administrative Appeals Tribunal, he contributed to the development of Freedom of Information law.

In 2012, in recognition of many years as head of Alliance Française Melbourne, and of the Australian Federation of Alliances Françaises, Warren was made a Chevalier in the Order of the Légion d'Honneur – the French equivalent of a knighthood.

The family has advised that there will be a private service.
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