Dean Ernest Clayton is an Australian lawyer, barrister and judge who served as a partner of Finlaysons, an independent barrister and Queen's Counsel, and a judge of the District Court of South Australia. He also chaired the Motorola inquiry, led the Law Society of South Australia and held prominent rowing and legal-administrative positions.
Background
Dean Ernest Clayton was born on 17 April 1943 in Hindmarsh, South Australia, to Ern and Rini Clayton. He spent most of his life in Adelaide's western suburbs. He attended Allenby Gardens Primary School and Adelaide Boys' High School, where he participated in rowing, football and cricket. His father was a manager with Whittle Nettle, while his mother was a housewife. Clayton later recalled that he was a sociable and comparatively undiligent school student whose sporting interests were an important part of his early life.
Education
Clayton began studying law at the University of Adelaide in 1961 and completed a Bachelor of Laws in 1964. During his university years he was closely involved with the university boat club, serving twice as captain of boats and competing in three intervarsity rowing races. He formed lasting friendships with fellow law students, including John Treloar, Michael Abbott and Michael Birchall. Before admission to practice, he completed articles with Neil Lowry and subsequently served as associate to Supreme Court of South Australia Justice David Hogarth.
Career
Clayton was admitted as a barrister and solicitor of the Supreme Court of South Australia in 1966. He joined Finlayson and Company, later Finlaysons, where he practised principally in general, commercial and civil litigation, became a partner in 1969 and eventually served as in-house counsel. His work included commercial disputes, insolvency matters and maritime litigation; the firm acted for protection and indemnity associations representing shipowners. After 21 years with the firm, Clayton moved to the independent bar in 1988 and became Head of Bar Chambers. He was appointed Queen's Counsel in 1992. In 2000 he was appointed to conduct the second Software Centre inquiry, commonly known as the Motorola inquiry, and authored its report. Clayton was appointed a judge of the District Court of South Australia on 3 April 2003. As a District Court judge he presided over civil and criminal matters, including bail applications, trials and sentencing proceedings. He retired from the District Court in 2013 on reaching the statutory retirement age and subsequently continued public judicial service as an auxiliary judge of the District Court and Deputy President of the South Australian Employment Tribunal.
Achievements
Authored the second Software Centre inquiry report, known as the Motorola inquiry report.
Served as President of the Law Society of South Australia from 1994 to 1995.
Served as President of the South Australian Rowing Association and President of the Australian Amateur Rowing Council.
Was appointed a judge of the District Court of South Australia in 2003 after a career as a solicitor, partner, barrister and Queen's Counsel.
Was listed as a reputable lawyer by Martindale-Hubbell.
Views
Clayton has expressed the view that independence is important to the legal profession and that an independent bar can make senior advocacy more accessible to smaller practitioners and clients of modest means. He has also maintained that rowing teaches discipline and time prioritisation by requiring participants to balance training, study and recreation.
Membership
Clayton was a member of the Council of the Law Society of South Australia and served as President from 1994 to 1995. He later held leadership and governance roles with the Litigation Assistance Fund, the Law Society's Professional Standards Committee and Law Care Committee, and Lawguard Management Pty Ltd. He served on the Board of Examiners of the Supreme Court of South Australia. His sporting administration included the presidency of the South Australian Rowing Association and the Australian Amateur Rowing Council, as well as coaching rowing crews. In 2013 he was appointed an Honorary Member of the Law Society of South Australia in recognition of his contribution to the Society and the legal profession.
Member of the Council; President from 1994 to 1995; Honorary Member from 2013; chaired the Professional Standards Committee and Law Care Committee.
Law Society of South Australia
,
Australia
President and long-serving rowing administrator.
South Australian Rowing Association
,
Australia
President.
Australian Amateur Rowing Council
,
Australia
Member.
Board of Examiners of the Supreme Court of South Australia
,
Australia
Board member.
Litigation Assistance Fund
,
Australia
Board member.
Lawguard Management Pty Ltd
,
Australia
Personality
Clayton has described himself as a comparatively lazy school student who was more interested in sport and social activities than intensive study. In discussing judging, he identified patience, fairness and prompt decision-making as qualities he considered important. He has also emphasized the value of time management, an attribute he associated with both rowing and legal practice.
Quotes from others about the person
Clayton was described in the South Australian Parliament as having had a long and distinguished career in the legal profession. Martindale-Hubbell listed him as a reputable lawyer.
Interests
Rowing, coaching rowing crews and sporting administration.
Sport & Clubs
Rowing, football, cricket, golf and skiing.
Connections
Clayton's professional and personal life was closely connected with South Australia's legal and rowing communities. His early legal training with Neil Lowry and service as associate to Justice David Hogarth preceded his long association with Finlaysons, the independent bar and the South Australian courts. His university rowing involvement developed into coaching and senior administrative leadership in South Australian and Australian rowing organizations.
References
The Honourable Dean Clayton QC Oral History Interview
Documents Clayton's full name, date and place of birth, family background, schooling, university education, legal training, career, judicial appointment, rowing activities and views on legal practice and judging.
2016
South Australian House of Assembly Hansard, 3 April 2003
Records Clayton's legal education, admission, work at Finlayson and Company, partnership, practice at the bar, appointment as Queen's Counsel, leadership roles and appointment to the District Court of South Australia.
Good sport in and out of the courtroom
Profiles Clayton's rowing leadership, university years, legal training with Neil Lowry, service as associate to Justice Hogarth and reflections on the relationship between rowing and legal practice.
