It is with sadness that I inform you of the passing of the Hon John O’Meally AM RFD on 4 October 2024.

 John was made an Honorary Johnsman about 20 years ago and had a very impressive professional career. He was a great friend of the College.

Upon his retirement in 2011, John generously donated his law library collection to the College, which includes the Commonwealth Law Reports, NSW Reports, and all All-England Reports. These invaluable resources can now be found in the Sir Cyril Walsh KBE Law Library, alongside those of retired Supreme Court Judge John Sackar.

John was also a guest speaker at a College Foundation Dinner held in Brennan Hall, where he delivered a very humorous speech about Professor Christopher Brennan, which was partly tongue-in-cheek.

I first got to know John as a regular attendee at Kerry Pidcock’s lunches for College alumni. He was a colourful character, loved by many, and had a deep affection for all things Irish! 
 
He will be deeply missed by all who knew him.

Dr Mark Schembri
Rector

Please find below a message from College Council member, Judge Gerard Phillips who as President of the Personal Injury Commission has written the following in memoriam:

Dear all,

It is my melancholy duty to report the passing of John O’Meally, one of the great gentlemen of the law and, at his retirement in 2011, Australia’s longest-serving judge.  

John was educated at Marcellin College, Randwick and the University of Sydney. He was, for a time, associate to Mr Justice Nagle before being called to the Bar in 1964. He was appointed to the Bench in 1979, retiring in November 2011 after 32 years’ distinguished service. John served as a Judge of the Compensation Court of NSW, the District Court of NSW, and courts in Papua New Guinea, Antigua and the Eastern Caribbean.   

John was appointed as the inaugural President of the Dust Diseases Tribunal (DDT) in 1989, hearing the first case in the new jurisdiction on 1 November 1989. It was in the DDT that John’s lasting contribution to the law was made. Plaintiffs suffering from asbestos diseases were dying before their cases could be heard in the mainstream courts. The DDT was the response to this tragedy and was immediately a very innovative tribunal. It led the way in the practice of concurrent expert evidence. It allowed the reception of general medical evidence to be admitted in any proceedings before the tribunal. And it was swift. Plaintiffs who were victims of mesothelioma and other asbestos-related diseases needed quick justice which John and his new tribunal delivered – it was not unusual for a Statement of Claim to be filed and within hours or a few days, a hearing was convened and judgment delivered, frequently ex tempore traversing complex factual and medical evidence. The plaintiffs were in extremis, often in hospital wards or in their bed at home, and the tribunal attended and heard their case.

John’s legacy as a judge was great but I will mention one decision. In Vivien Margaret Olsen v CSR and Midalco, John determined that CSR, having knowledge of the dangers of asbestos, owed a duty of care not only to the workforce but also to the township of Wittenoom to safeguard them against the risk of asbestos exposure.   

For his service to the judiciary and the community, John was awarded the Order of Australia.  

Those of you who knew him saw a man of great learning, intellect and compassion. To hear the cases that he did in the DDT, replete with human suffering and the imminent prospect of death required the special man that John was. 

And what a sense of humour, to appear in his court tested not only one’s knowledge of the law, but also the history of Australia, Ireland and the Catholic Church (not always in that order).   

John was a giant of personal injury law who has left an enormous legacy for the benefit of the citizens of this State. NSW was fortunate to be the beneficiary of his selfless service.
    
Kind regards,

Judge Gerard Phillips
President
Personal Injury Commission