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as he was opposed to the creation of Territory appellate courts, although some of the statutory provisions necessary
for their creation had already been passed, but not brought into force. Forster’s opposition was purely pragmatic; he
considered that until the Court had seven permanent judges it would not be practical for the Territory to constitute
its own appellate courts, and as a consequence the Federal Court continued to hear appeals until April 1986.
As a Judge Foster conducted his Court with a combination of incisive efficiency, yet with kindness, politeness
and concern for litigants, witnesses and practitioners. In civil matters he was able to hear a list of 20 or so
interlocutory applications in an hour, often leaving counsel in his chambers still trying to record his orders whilst
the next matter was already in progress. Civil cases were given hearing dates whether ready or not, and solicitors
were expected to have their cases ready on the appointed date almost regardless of any perceived difficulties.
Another favourite device he used to hurry up proceedings was the self-executing order—threatening to strike out
the action (or defence) if things were not done on time. Most of the civil litigation at that time comprised personal
injury cases, and his methods were generally accepted by the local legal profession as necessary for the efficient
disposition of the court’s business. He had a reputation amongst lawyers as being less than generous with damages
awards for accident victims, although it is to be observed that insurers rarely felt they had scored a victory.
His judgments were written with brevity, clarity and style, and reflected his love of English literature and
language. As an orator, particularly an after-dinner speaker, he had the ability to speak at length and without notes,
and to hold his audience’s interest with the masterful use of dry humour. As a Judge he developed a close relationship
with the practitioners, and was always kindly disposed to even the most inexperienced and bumbling of performers.
As Chief Justice he lead rather than ruled, and consulted his brother judges and the profession on all-important
matters. Throughout his career he strongly supported the development of the local legal profession. Above all he
was a judge of good humour who rarely sentenced prisoners until he had given the sentence considerable thought,
and who had a high regard for Aboriginal people and their culture.
Forster served as President of the Northern Territory Division of Red Cross (1973–1985); President of the
Aboriginal Theatre Foundation (1972–1975); Chairman of the Northern Territory Museums and Art Galleries
Board (1974–1985); Chairman of the Northern Territory Parole Board (1976–1985); Chancellor of the (Anglican)
Diocese of the Northern Territory (1976–1985) and held a dormant commission as Acting Administrator of the
Northern Territory (1976–1985). He was created a Knight Bachelor (Kt) in 1982 for his services to law, the only
person to receive a knighthood for service in the Northern Territory.
He participated in many important cases, including the appeal to the Federal Court in the Lindy Chamberlain
case. By far his most important decision was R v Anunga (1976) when, with the concurrence of Justices Muirhead
and Ward, he established guidelines known as the ‘Anunga Rules’, for the interrogation by the police of Aboriginal
and other non-English speaking suspects, designed to ensure that admissions made by people of non Anglo-Saxon
culture and with limited English skills were voluntarily obtained and that these people were not unfairly
disadvantaged during the interrogation process. The Anunga Rules were initially resisted by some conservative
elements, but soon became generally accepted and influenced police practices in other Australian jurisdictions.
In 1985 Forster retired from the Supreme Court due to medical advice that he should leave the tropics and
returned to Adelaide where he continued to work as a judge of the Federal Court until ill health eventually forced his
retirement in 1989. Two portraits of Forster were painted by Frank Hodgkinson, one in oils, the other a watercolour.
Both are owned by the Museum and Art Gallery of the Northern Territory. Forster hated both of them.
11 Australian Law Review, 412; Northern Territory News 9 February 1985; personal interview 23 April 1994; personal information from
P Bracher, H B Bradley, T Coulehan, M Horton, M D A Maurice QC, T Pauling QC, T Riley QC, J B Waters; Transcript of Proceedings,
Supreme Court of the Northern Territory 30 June 1971 on presentation of Commission as Judge of the court; Transcript of Ceremonial Sitting
to mark retirement of Sir William Forster as Chief Justice of the Supreme Court of the Northern Territory, 8 February 1985; Who’s Who in
Australia, 1994.
DEAN MILDREN, Vol 3.FOSTER, HORACE (c1890–1941) resided in Borroloola in the earlier part of the twentieth century. Little is
known about his early life, although he claimed to be the son of a lawyer and had one brother in Sydney, who was a
newspaper editor. He was a deeply tanned man, who often dressed in only a sarong, and he had a large walrus-like
moustache. A man who was willing to try almost anything, he claimed knowledge of trepanging and had spent
years working with cattle and horses on stations around the district.
Foster’s first notable experience in the Top End occurred in 1918 when he was involved in cattle-duffing,
a common practice at the time. Foster was arrested and gaoled, but was acquitted by the Justice of the Peace
hearing the case, on an appeal over a legal technicality.
In the 1930s Foster leased a saltpan at Manangoora. With his partners Bill Harney and Jack Keighren,
who had been involved in the cattle-duffing episode, he employed Aboriginal labour to collect and bag the salt.
The Aborigines were paid in food rations and the salt was collected from Foster by boat.
Foster was married, though the bride’s name and the date of the marriage remain a mystery. Their two children
Roslyn (Rosie Noble) and Jim lived with Foster and his wife in Borroloola where he tutored them before they were
moved to Roper River Mission when Jim was 12 years old. The children did not return to Borroloola—in 1941
they were evacuated to Sydney. Jim later worked in Melbourne, and Roslyn lived in Adelaide, working on behalf
of Aboriginal people.
Foster died in 1941, after he accidentally shot himself. Every effort was made by those with him at the time to try
to save his life, but the flying doctor aircraft arrived half an hour too late on 2 March 1941. Mrs Ruth Heathcock,
the constable’s wife, was made Member of the Order of the British Empire (MBE) in 1946 in recognition for her
bravery and effort in the attempt.