Sir Zelman Cowen Address
Melbourne University Law Review Annual Dinner
It is a great pleasure to deliver the Sir Zelman Cowen Address at this year’s annual dinner of the Melbourne University Law Review. As a former Editor of the MULR, I am delighted to see the Review going from strength to strength. A recent edition which I received in my chambers was packed with interesting articles of top quality. I congratulate the Editors and the whole of the Editorial board on their work.
Prompted by the title of this address, the subject for my remarks this evening will be Lady Anna Cowen, the wife of Sir Zelman.
Lady Cowen passed away 3 years ago, in 2022, at the age of 96. At her funeral, family and friends spoke of her equanimity, kindness and modesty. Although I only met her on a few occasions, these qualities were evident.
The main focus of my remarks tonight will be on the period during which Sir Zelman was Governor-General of Australia – from 1977 to 1982 – and one of the themes is that Lady Cowen played an integral and, indeed, indispensable role in the restoration of public confidence in the office of Governor-General, and national reconciliation, following the dismissal of the Whitlam Government by Sir John Kerr – 50 years ago this year.
Before getting to those years, however, let me say something briefly about Lady Cowen’s background and earlier life.
Lady Cowen was born in Melbourne on the 5th of July 1925. Her maiden name was Wittner. Her grandparents were all born in Russia or elsewhere in eastern Europe and came to Australia as young adults because their lives there as Jews were insecure.[2]
Anna’s mother’s family (the Melwits) initially settled in Western Australia in approximately 1905 – first in Mt Magnet, one of the goldfields, and later in Perth. Anna’s mother, Dora, was an outstanding music student. When Dora was sixteen, the family moved to Melbourne, and Dora began working in a music shop, sight-reading scores for customers.[3]
Anna’s paternal grandfather’s family settled in Melbourne around 1890. Anna’s father, Hymie Wittner, as a young man, started a shoe business which grew into a successful and well-known company – Wittner Shoes.[4]
Hymie and Dora met when Dora was playing piano at a party – he was drawn to her and felt that she was being exploited. So he sat beside her. In due course, he proposed marriage.[5]
Anna was the firstborn child of Hymie and Dora. Later, they had two sons. They were an unequivocally Jewish family and proud of it. Their Jewishness was more cultural than expressed in religious observance.[6]
Anna attended St Catherine’s School in Melbourne from 1937 to 1942.
Early in 1943, Anna and Zelman met. She was seventeen and a half and about to enter the University of Melbourne to study Arts and Social Work.[7] He was on leave from the Navy Office.
They were married in June 1945. At the time of their marriage, Zelman was 25 and Anna was 19 – a month short of her 20th birthday.[8]
Soon afterwards, they departed for Oxford where Zelman would study as a Rhodes Scholar. (The rule that Rhodes Scholars could not be married had been waived due to the War.[9]) Anna interrupted her university studies to set out for Oxford with Zelman. They hoped that she would be able to continue her studies at the University of Oxford, but it transpired that no place was available. It was then arranged that she continue her Melbourne Arts degree as an external student.[10] Having completed her Melbourne BA, Anna approached Barnett House in Oxford and was admitted to the course for the Diploma of Public and Social Administration.[11] She completed this course and the required placements. Soon after their arrival in Oxford, Anna went to Prague as a representative of the Students’ Representative Council of the University of Melbourne, to attend an inaugural World Federation of Democratic Youth Conference.[12]
Anna and Zelman lived in Oxford from 1945 to 1950.
In early 1951, they returned to Melbourne, where Zelman took up positions as Professor of Public Law and Dean of the Faculty. They lived in Melbourne from 1951 to 1966. During this period, Anna was raising her young family. I am informed by her family that, although she saw herself first and foremost as a family person, she was also a “crucial auxiliary” to Zelman’s work during this time. Zelman was an engaged and gregarious dean and professor, and Anna complemented his efforts by actively entertaining local and visiting scholars and their partners.[13]
In 1967, they moved to Armidale, New South Wales, where Zelman was Vice-Chancellor of the University of New England.
Then, in 1970, Zelman was appointed the Vice-Chancellor of the University of Queensland and they moved to Brisbane. They lived in Brisbane from 1970 until Sir Zelman’s appointment as Governor-General in 1977.
Recently, I came across a book by Lady Cowen entitled My Vice-Regal Life: Diaries 1978 to 1982.[14] It is an edited version of the diary that she kept while Sir Zelman Cowen was Governor-General. It is elegantly written and gives the reader an insight into their daily life – and gruelling schedule – in a way that a regular history book would not.
In the Introduction to the book, Lady Cowen describes the process by which Sir Zelman was approached to become Governor-General.[15] She writes that her life took an unexpected turn in April 1977 when Zelman took a phone call from Prime Minister Malcolm Fraser. The Prime Minister invited Zelman to dinner in Canberra. Of course, they wondered why he should be summoned. Zelman travelled to Canberra and returned the next morning. Zelman called her from his office and asked her to join him there. Lady Cowen writes:[16]
When I arrived, I could see he was delighted. ‘It is the governor-generalship,’ he said. ‘I told him I’d have to consult you. So let’s phone him now and say yes’. Some consultation!
Lady Cowen writes:[17]
Well, it was a foregone conclusion. Zelman was a born communicator and he loved public life. My thoughts, though, were about our four children, our family. How would this affect us? For myself, I could do without it. I enjoy my private life and I do not seek such public exposure, but there was no way I could deny him this post without occasioning bitter disappointment.
The context in which this was occurring was, of course, the dismissal. Sir John Kerr had remained in office, but his position was becoming increasingly untenable.
The appointment of Sir Zelman as Governor-General was not announced until July 1977. Lady Cowen writes that there were months of confidentiality while arrangements were made. When the appointment was announced – on 14 July 1977 - there was huge media interest. A large press conference was held at their house the next day. It was at this press conference that Sir Zelman, quoting Jawaharlal Nehru, the first prime minister of India, said that he hoped “to bring a touch of healing” – words that I remember and associate strongly with Sir Zelman’s term as Governor-General.
On 8 December 1977, Sir Zelman was sworn in as Governor-General of Australia.[18]
Early the following year, Lady Cowen began her diary of their years at Government House. In the first entry, dated 8 January 1978, Lady Cowen writes:[19]
I have decided to keep a diary during Zelman’s term of office as governor-general. I kept diaries of three recent overseas journeys, and I am pleased because I forget so much and the re-reading of a sentence brings whole occasions, scenes and otherwise forgotten things, vividly back to mind.
In preparation for this evening’s address, I read the published version of the diary and found it fascinating. The entries vary in length from a short paragraph to several paragraphs, each describing the events of the day. One gains an unparalleled insight into the public and, to a limited extent, private lives of Sir Zelman and Lady Cowen during this period. I was struck by a number of things.
First, I was struck by the conscientiousness with which Sir Zelman and Lady Cowen applied themselves to their roles. They made extended visits to each State and Territory, including to remote parts of the country. There were several extended trips to Darwin and elsewhere in the Northern Territory. They also visited Australia’s external territories – the Cocos and Christmas Islands[20] and Norfolk Island.[21] Their schedule was unrelenting – it was not unusual for them to have three or even four official functions in a day – and sometimes in more than one State! There was an air force plane (Squadron 34) to fly them around and Lady Cowen comments that this was indispensable in enabling them to perform their roles. On many occasions they would attend a dinner function in Melbourne or Sydney and fly back to Canberra the same evening. There are many diary entries that conclude: “Back at GH [Government House] by 11.30”. One diary entry – for 29 February 1980 – ends with: “We then fly home to Canberra. What a day: nine engagements plus three flights!”
Secondly, this was clearly a ‘team effort’ of both Sir Zelman and Lady Cowen. They both applied themselves fully to the task. Despite having a relatively young child at home – their youngest son, Ben, was only 12 when they moved to Government House – there was no question of Lady Cowen not joining Sir Zelman for almost every interstate visit and virtually every public event. The dinners and gatherings at Government House were hosted by both of them – Lady Cowen was intimately involved in the planning and arrangement of the events and in extending hospitality to their guests. She took great pleasure when a function went well. There are also diary entries where she comments on things that could have been done better, and what they could do to improve for the next occasion. Lady Cowen gave speeches and officiated at events in her own right. She was an advocate for women’s equality and spoke about this publicly.[22] She addressed numerous other topics, including welfare issues.[23]
Lady Cowen’s admiration for Sir Zelman, in particular his public speaking abilities, comes through the pages of the diary. There are numerous entries in which she comments on how well he spoke and how well his speech was received.
She took a keen interest in the garden at Government House and in art and design (particularly pottery).
One of the significant events during their time at Government House was the Queen’s visit in 1980.[24] During this trip, the Queen opened the new High Court building in Canberra. The Queen and Prince Phillip stayed at Government House in Canberra and the diary describes several dinners and also informal conversations with them. The published diary includes an official photographic portrait of the two couples taken during this visit. There were also several visits by the then Prince of Wales.[25]
One diary entry that stands out is 1 March 1980, a day Lady Cowen describes as “one of the great days” of her life[26]. This was the day she launched the HMAS Tobruk at Tomago, near Newcastle. The diary entry reads in part:
We fly out after breakfast to Williamstown, whence we drive to Tomago. The Tobruk sits in a field – or so it seems. People and cars stream towards it from all sides. It has the air of a carnival. I receive two dozen, long-stemmed roses, deep pink, which sadly do not survive the heat of the day. Standing alongside the high and dry ship, it is quite breath-taking. So much steel: so much serious purpose. Its flat bottom clearly exposed and narrower than I had expected. We ascend to an elevated roofed platform with a charming view of the Hunter River alongside. … A bottle of champagne is suspended between the ship and me, tied to a red ribbon. A beribboned pair of scissors is placed alongside.
…
Mr Laverick says to me it is time … I name the ship and ask God to bless her and all who sail in her, and cut the ribbon. The bottle commences its stately swing and after an eternity crashes resoundingly on the stern. Seconds later there is a shifting of the hulk before us and within ten seconds it slides down the slipway into the pond excavated for it alongside the bank. It is heart-stopping as the ship enters the water, lurches, and then steadies. I squeeze Mr Laverick’s arm … A surging tidal wave wets the feet of spectators near the bank as it slops backward and forward, threatening the banks of the little pond. I ask Mr L if he is concerned. He says he wasn’t before, but is now. All settles satisfactorily.
There is great joy (and relief!) everywhere. It is a palpably emotional occasion.
It is interesting to note that in 2015, Lady Cowen was invited to attend, and attended, the decommissioning of the Tobruk. In an ABC article about the decommissioning, Lady Cowen is quoted as saying: “I’m sorry that I’ve outlived the ship. The ship should be having a long life and it’s me that’s having a long life.” [27]
A theme running through the diary is the responsibility Sir Zelman and Lady Cowen felt for restoring public confidence in the office of Governor-General and bringing reconciliation to a divided nation. There are references to the occasional protest at an event they attended. And there is satisfaction when there is a sense that they have achieved some measure of success.[28] For example, in the entry for 20 November 1980,[29] Lady Cowen writes that, at an arts event in Adelaide, it is relayed to Zelman that Fred Williams (the painter) says that Zelman has set back the cause of Republicanism in this country by 25 years!
In the diary entry for 20 July 1982 – near the end of Sir Zelman’s term as Governor-General – they host a dinner for special friends. Lady Cowen writes:[30]
It is a lovely, cheerful party, and most people know each other, which makes it easy. Gough Whitlam and Manning Clark both come, which says something about the ‘touch of healing’. In fact, Gough Whitlam says a gracious word or two at the end of the party, which is nice.
In the Afterword to the diary (which was published many years later, in 2017), Lady Cowen writes:[31]
While I had not expected to enjoy being the wife of a governor-general, it was really a very heart-warming experience. I did feel that I was privileged, and that what I was doing was worthwhile.
Following the completion of his term as Governor-General, Sir Zelman and Lady Cowen moved to Oxford, where Sir Zelman took up the position of Provost of Oriel College. They lived there from 1982 until 1990. I was very fortunate to have the opportunity to meet them, and experience their hospitality, soon after I arrived in Oxford in 1989.
After 1990, they returned to Melbourne. They both continued to live active lives including involvement in communal activities.
In 2015, Lady Cowen was made a Member of the Order of Australia, recognising her contribution to youth, medical research, educational and cultural organisations.
It is notable that until her death in 2022 she continued to attend events named in honour of Sir Zelman, including being a regular attendee at this annual dinner.
While Lady Cowen held progressive views, including on the place of women, she was a woman of her time. This meant that the opportunity to develop her own career was limited, and that the family moved from place to place in line with Sir Zelman’s career. This would have involved some sacrifices on her part, including the separation from extended family and friends.
In conclusion, I would observe that, together with Sir Zelman, Lady Cowen made an important contribution to the community and, indeed, the life of this nation. The role of the spouse of public figures is perhaps not always fully appreciated. In the case of Lady Cowen, she was not only a supportive partner but an active and full participant in all that they did in the period 1977 to 1982 while Sir Zelman was Governor-General.
Thank you for giving me the opportunity to share some observations about Lady Cowen.
[1] Judge, Federal Court of Australia. I would like to thank Israel Cowen, Sir Zelman and Lady Cowen’s eldest grandson, for assistance with this address, including notes about Lady Cowen’s family background (Family Notes).
[2] Family Notes.
[3] Family Notes.
[4] Family Notes.
[5] Family Notes.
[6] Family Notes.
[7] Cowen, Z, The Memoirs of Zelman Cowen: A Public Life (The Miegunyah Press, Melbourne, 2006) (A Public Life), p 112.
[8] A Public Life, p 120.
[9] A Public Life, p 118.
[10] A Public Life, p 127.
[11] A Public Life, p 127.
[12] A Public Life, p 127.
[13] Family Notes.
[14] Cowen, A, My Vice-Regal Life: Diaries 1978 to 1982 (The Miegunyah Press, Melbourne, 2017) (My Vice-Regal Life).
[15] My Vice-Regal Life, p 1.
[16] My Vice-Regal Life, p 1.
[17] My Vice-Regal Life, p 1.
[18] A Public Life, p 306.
[19] My Vice-Regal Life, p 7.
[20] My Vice-Regal Life, p 267 (4 April 1981).
[21] My Vice-Regal Life, p 136 (10 August 1979).
[22] See My Vice-Regal Life, pp 148-149 (19 September 1979).
[23] See, eg, My Vice-Regal Life, p 313 (5 April 1982).
[24] See My Vice-Regal Life, p 203-206. The Queen made another visit to Australia during this period (for CHOGM) – see My Vice-Regal Life, p 289 (26 September 1981)
[25] See, eg, My Vice-Regal Life, p 106 (26 March 1979), p 271 (12 April 1981).
[26] My Vice-Regal Life, pp 183-184.
[27] Krishnan, S, “HMAS Tobruk decommissioned in Sydney after 35 years of Navy humanitarian missions”, ABC News, 31 July 2015.
[28] See, eg, My Vice-Regal Life, p 95 (20 February 1979), p 102 (15 March 1979)
[29] My Vice-Regal Life, pp 245-246.
[30] My Vice-Regal Life, p 340.
[31] My Vice-Regal Life, p 346.
