Vale – The Honourable Robert Brooking AO KC

Born in the United Kingdom on 7 March 1930, Robert Brooking emigrated with his parents to Australia in the late 1930’s. He attended Wesley College in Melbourne and was dux of his class in most years, matriculating with honours. Thereafter he attended the University of Melbourne, graduating with honours in Law and Arts. Robert commenced his professional career by undertaking articles with Hall & Wilcox and was admitted to practice as a barrister and solicitor in 1954. 

In the same year Brooking commenced reading at the Victorian Bar with Kevin Anderson, later Justice Sir Kevin Anderson.

Brooking was appointed Queen’s Counsel in 1969 and during his years as junior counsel took seven Readers: David Bruno, Anne Curtis, Craig Porter, John Bingeman QC, Lloyd Bryant, Robert Monteith, later Justice Monteith and Michael O’Dwyer, later Magistrate O’Dwyer. 

Robert Brooking gave extensive service to the Victoria Bar. During his 22 years as counsel, he served on many Victorian Bar committees and as a Victorian Bar appointee, including as a barrister member of the Board of Examiners, the Bar’s Legal Aid Committee and Supreme Court practice focused committees.

While undertaking his very large and diverse practice as a barrister, Brooking wrote and published extensively, including as author, or co-author, of a number of the well-respected legal texts, including Tenancy Law and Practice in Victoria, the Law and Practice of Building and Engineering Agreements, Brooking on Building Contracts and Insurance Law in Australia and New Zealand.

As Counsel he appeared in many significant cases, in the areas of commercial law, engineering and construction law, tenancy and vendor matters, and equity law. In these areas of law he was regarded as pre-eminent counsel.  He was also briefed in jury matters, including defamation, and personal injuries cases and criminal trials.

In 1977, at 46 years of age, Brooking was appointed to the Supreme Court of Victoria and in 1995 he was appointed as one of the inaugural Justices of the new Court of Appeal of the Supreme Court of Victoria.

Throughout his judicial career Brooking continued to demonstrate his profound command of the law, enormous capacity and great diligence. His Honour’s contribution as both a puisne Judge and as an Appellate Judge of the Court was enormous. He managed the Court’s Commercial List, was the Judge in charge of the Court’s Building Cases List during a particularly busy period, was Chairman of the Supreme Court Rules Committee, the Rules Transition Committee and the Library Committee. His Honour was also on the Supreme Court Executive, and a number of other important and demanding committees and advisory bodies.

His Honour’s delivered almost one thousand judgments, typically of the highest standard and frequently of landmark importance.

Justice Brooking retired from the Supreme Court Bench in March 2002 upon attaining the age of 72 years and after 25 years of judicial service.

After retirement from the Victorian Supreme Court the Honourable Robert Brooking AO KC, now also Professor Brooking, was appointed to the position of Director of Judicial Studies at Victoria University Sir Zelman Cowen Centre for Continuing Legal Education.

Robert Brooking will also be remembered for his devotion to Joan Brooking, his very supportive wife of 64 years, his devotion to his three children, Chris, Richard and Anne and to his grandchildren, Pia, Jonty, Charlotte and Elliott.

His Honour will be remembered as a great Victorian Judge and leading Victorian Barrister.