John Spence Winneke, (19 March 1938 – 4 April 2019) was a judge of the

Supreme Court of Victoria The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court compri ...

and President of the Court of Appeal of the

, which is the highest ranking court in the

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

state State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...

Victoria Victoria most commonly refers to: * Queen Victoria (1819–1901), Queen of the United Kingdom and Empress of India * Victoria (state), a state of Australia * Victoria, British Columbia, Canada, a provincial capital * Victoria, Seychelles, the capi ...

Early life

John Spence Winneke was the son of Sir Henry Winneke who was

Solicitor-General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...

for the State of Victoria,

Chief Justice of Victoria The chief justice of Victoria is the senior judge of the Supreme Court of Victoria and the highest ranking judicial officer in the Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australi ...

, and

Governor of Victoria The governor of Victoria is the representative of Monarchy of Australia, the monarch, currently King Charles III, in the Australian state of Victoria (state), Victoria. The governor is appointed by the monarch on the advice of the premier of V ...

. John Winneke's grandfather,

Henry Christian Winneke Henry may refer to: People and fictional characters * Henry (given name), including lists of people and fictional characters * Henry (surname) * Henry, a stage name of François-Louis Henry (1786–1855), French baritone Arts and entertainment ...

, was a judge of the

County Court of Victoria The County Court of Victoria is the intermediate court in the Australian state of Victoria. It is equivalent to district courts in the other states. The County Court is the principal trial court in the state, having a broad criminal and ci ...

. Winneke was educated at Scotch College and the

University of Melbourne The University of Melbourne (colloquially known as Melbourne University) is a public university, public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in the state ...

, where he was a Member of the ''

Melbourne University Law Review The ''Melbourne University Law Review'' is a triannual law journal published by a student group at Melbourne Law School covering all areas of law. It is one of the student-run law journals at the University of Melbourne and is widely regarded as ...

''. When he completed his legal studies, he completed his articles with Josh Shaw of the law offices of Middleton McEarchern Shaw and Birch. He was admitted to practice as a

solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...

on 1 March 1962. He was called to the

Victorian Bar The Victorian Bar is the bar association of the Australian State of Victoria. The 2024-2025 President of the Bar is Justin Hannebery KC. Its members are barristers registered to practice in Victoria. Those who have been admitted to practice ...

in 1962. He was appointed a

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

in 1976. Winneke was also an outstanding

Australian rules football Australian football, also called Australian rules football or Aussie rules, or more simply football or footy, is a contact sport played between two teams of 18 players on an Australian rules football playing field, oval field, often a modified ...

player, who was ruckman in Hawthorn's inaugural VFL Premiership side in

1961 Events January * January 1 – Monetary reform in the Soviet Union, 1961, Monetary reform in the Soviet Union. * January 3 ** United States President Dwight D. Eisenhower announces that the United States has severed diplomatic and cons ...

, playing a total of 50 games for the club.

Australian Defence Force

Winneke was commissioned as a

commander Commander (commonly abbreviated as Cmdr.) is a common naval officer rank as well as a job title in many army, armies. Commander is also used as a rank or title in other formal organizations, including several police forces. In several countri ...

in the

Royal Australian Navy The Royal Australian Navy (RAN) is the navy, naval branch of the Australian Defence Force (ADF). The professional head of the RAN is Chief of Navy (Australia), Chief of Navy (CN) Vice admiral (Australia), Vice Admiral Mark Hammond (admiral), Ma ...

. He was also appointed a Defence Force Magistrate and held an appointment as a Reviewing Officer under the Defence Force Discipline Act.

Noted cases

In 1970, Winneke was counsel assisting

William Kaye William Kaye (February 13, 1813 – November 19, 1890) was the fifteenth Mayor of Louisville, Kentucky from April 4, 1863, to April 1, 1865. Early life William Kaye was born on February 9, 1813, in Fornley, Tyas Moor, Yorkshire, England. ...

in the "abortion graft inquiry", which inquired into allegations of corruption involving members of the Victorian Homicide Squad. In 1981, he was appointed as a

Royal Commissioner A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equiv ...

by the

Commonwealth of Australia Australia, officially the Commonwealth of Australia, is a country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It has a total area of , making it the sixth-largest country in ...

and the

State of Victoria Victoria, commonly abbreviated as Vic, is a state in southeastern Australia. It is the second-smallest state (after Tasmania), with a land area of ; the second-most-populated state (after New South Wales), with a population of over 7 million; ...

to inquire into the affairs of the

Builders Labourers Federation The Builders Labourers Federation (BLF) was an Australian trade union that existed from 1911 until 1972, and from 1976 until 1986, when it was permanently deregistered in various Australian states by the federal Hawke Labor government and som ...

. He appeared as senior counsel for Michael and Lindy Chamberlain before Justice Morling in the

Royal Commission A royal commission is a major ad-hoc formal public inquiry into a defined issue in some monarchies. They have been held in the United Kingdom, Australia, Canada, New Zealand, Norway, Malaysia, Mauritius and Saudi Arabia. In republics an equi ...

into their convictions for the murder of their infant daughter, Azaria Chamberlain. He appeared as counsel in the Royal Commission into the Westgate Bridge collapse, in the Derwent River Bridge Inquiry, and in the

Housing Commission of Victoria The Housing Commission of Victoria (often shortened to Housing Commission, especially Colloquialism, colloquially) was a Government of Victoria body responsible for public housing in Victoria, Australia. It was established in 1938, and was aboli ...

Inquiry.

Judicial career

Winneke was appointed on 7 June 1995 as a judge of the

and as the first President of the Court of Appeal of the

when the Court of Appeal was established that year. He was appointed as the acting Chief Justice for a brief period in 2003. He retired from the bench on 15 July 2005.

Honours

Winneke was awarded an

Officer of the Order of Australia The Order of Australia is an Australian honours and awards system, Australian honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Monarch ...

(AO) in 1999, and in 2004 was upgraded to the

Companion of the Order of Australia The Order of Australia is an Australian honours and awards system, Australian honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Monarch ...

(AC).It's an Honour
– Companion of the Order of Australia Both were awarded for his significant contributions to the judiciary in Victoria.

References

External links

*
Victorian Bar News
Winter 2005, {{DEFAULTSORT:Winneke, John 1938 births 2019 deaths Judges of the Supreme Court of Victoria 20th-century Australian judges 21st-century Australian judges Companions of the Order of Australia Officers of the Order of Australia Royal Australian Navy officers Hawthorn Football Club players Hawthorn Football Club premiership players Melbourne Law School alumni People educated at Scotch College, Melbourne University Blacks Football Club players Australian rules footballers from Victoria (state) Australian King's Counsel VFL/AFL premiership players 20th-century Australian sportsmen