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of the Social Sciences in Australia and the Australian and New Zealand Association for the Advancement of
Science.
R M Berndt & C H Berndt, Art in Arnhem Land (with A P Elkin), 1950, Sexual Behaviour in Western Arnhem Land, 1951, Arnhem Land, 1954,
The World of the first Australians, 1964, Man, Land and Myth in North Australia, 1970, The Barbarians, 1973, Australian Aboriginal Art (with
J Stanton), 1982, Oenpelli Profile, 1984, End of an Era, 1987, Speaking Land, 1989; R M Berndt, Djanggawul, 1952, An Adjustment Movement
in Arnhem Land, 1962, The Sacred Site, 1969, Love Songs of Arnhem Land, 1976.
FAY GALE and ELIZABETH SPOOR, Vol 2.BERNHARD, KATHERINE MAUD MARY: see PEARSON, KATHERINE MAUD MARYBEVAN, DAVID JOHN DAVIES (1873–1954), barrister and Judge of the Supreme Court of the Northern Territory,
was born in London on 11 January 1873. His father, Llewelyn David Bevan (1842–1918), was a Congregational
Minister with an international reputation as an educationalist and social reformer. His mother, Louise Jane Bevan
(1844–1933), was active in assisting her husband’s work, and in the promotion of women’s social and political
interests. Both parents had reputations for being widely cultured, with interests in music, literature, poetry,
languages, and theology, to name but a few. Bevan had three brothers and two sisters, as well as an adopted
sister. His early education was in London and in the United States (where his father held the position, inter alia,
of Moderator of the New York Presbytery between 1880 and 1882). In 1886 the family moved to Melbourne.
Bevan completed his schooling at Melbourne Church of England Grammar School (where he and his brothers
were known as ‘the brainy, brawny Bevans’) and at Trinity College, University of Melbourne, where he graduated
with degrees in Arts and Law: Bachelor of Arts (1896), Master of Arts (1898), Bachelor of Laws (1900). At school
he was a noted athlete. He signed the Bar roll on 1 May 1901 and practised in Melbourne as a barrister until 1912.
He also served as Chairman of the Victorian Football League Disciplinary Tribunal. He joined the Army Reserve
(the Artillery) and achieved the rank of Major. He was not the only member of the family to pursue an interest in
law. His father had graduated with Honours in Law at the University of London in 1865 before pursuing his career
in the church and his sister, Louise Rhys Oxley, became a professor of law in China.
Until the Northern Territory became a territory of the Commonwealth on l January 1911, the South Australian
administration had usually commissioned the Government Resident to hold the position of Judge of the Northern
Territory, with all the powers of a Judge of the Supreme Court of South Australia. There was, however, no registry
of that Court in the Territory, with the consequence that the Judge heard only criminal trials. On 30 May 1911 the
Commonwealth established the Supreme Court of the Northern Territory with full civil and criminal jurisdiction,
and its own registry. The position of Judge was temporarily to be filled by Justice Samuel James Mitchell,
who had been Government Resident and Judge of the Northern Territory since 1910, until a permanent appointment
was made. Mitchell acted in the position until 1912, but was unable to secure satisfactory tenure for himself, and
eventually the position was conferred on Bevan in April 1912. Bevan arrived in Darwin on the SS Empire on
21 May. He was sworn in by the Administrator, Dr John Gilruth, on 23 May, at a public ceremony held at the
Court House.
Until the Judge’s residence was complete Bevan resided at Government House. A close friendship between
the two men began which was ultimately to become a major factor in ruining Bevan’s career. As Gilruth became
increasingly unpopular, Bevan was seen as lacking in judicial independence. On 18 September 1918 the Town
Council passed a series of resolutions accusing him of being partisan and ‘the all-round legal hand of the
government’. After the Government House riot in 1918 Gilruth returned to Melbourne, the position of Administrator
was abolished, and Gilruth’s former secretary, H E Carey, was appointed Director. Despite these moves attacks on
the administration continued, mainly through the union leader Harold Nelson. On 13 October 1919, at a public
meeting called by the Mayor, a resolution was passed calling upon Bevan, Carey and R J Evans, (then Government
Secretary), to ‘leave the Territory by the next boat.’ Following a deputation headed by the Mayor that met with
Bevan, Carey and Evans on 14 October, the three men agreed to leave the Territory to avoid violence, and they
departed on the SS Bambra on 18 October.
On 13 November 1919 the Commonwealth appointed Justice Norman Ewing, a Judge of the Supreme Court
of Tasmania, to conduct a Royal Commission into the circumstances of their departure, as well as other associated
grievances. Ewing commenced hearings in Darwin on 8 December 1919, his report being presented to Parliament
on 16 April 1920. The report was critical of Bevan’s conduct as a Judge in a number of respects, the ultimate
conclusion being that, although many unfounded accusations had been made, the public were justified in losing
confidence in him and that he failed to exercise his powers with ‘firmness, common sense, discretion, and justice’.
The report was immediately criticized by Bevan (as well as others) as containing conclusions not based on
the evidence. Indeed, counsel for Bevan and the others involved went so far as to write to the Prime Minister
complaining to like effect. The Commonwealth Attorney General, Sir Robert Garran, personally examined
the minutes of evidence and concluded, inter alia, that a number of findings against Bevan were not justified.
Later scholars including Justice Kriewaldt, Grenfell Price and F H Bauer considered the report to be shoddy.
Nevertheless, despite the fact that the report did not suggest Bevan should be removed from office (and in Evans’
case, there were no findings of impropriety or dishonesty), the Commonwealth removed all three men from their
positions with effect from 22 September 1920. Each sued the Commonwealth for damages for wrongful dismissal.
Carey’s action was heard in the High Court and resulted in a small verdict in his favour, and the Commonwealth
settled the other two actions. Bevan received a settlement of 2 800 Pounds and costs, (then a considerable sum)
which in itself recognised that Bevan had been unjustly removed.