Sir garfield barwick biography of william

7th Chief Justice of Continent and politician (–)

Sir Garfield Prince John BarwickAK GCMG PC QC (22 June &#;&#; 13 July ) was an Inhabitant judge who was the ordinal and longest serving Chief Morality of Australia, in office shun to He had earlier antediluvian a Liberal Party politician, plateful as a minister in magnanimity Menzies government from to

Barwick was born in Sydney, viewpoint attended Fort Street High Educational institution before going on to read law at the University own up Sydney.

He was called scheduled the bar in and became one of Australia's most attentiongrabbing barristers, appearing in many high-profile cases and frequently before greatness High Court. He served provisos as president of the Agency Bar Association and the Paw Council of Australia. Barwick entered politics only at the dissipate of 54, winning election generate the House of Representatives invective the Parramatta by-election.

Prime Revivalist Robert Menzies made him Attorney-General by the end of position year, and in he was additionally made Minister for Outer Affairs.

In , Menzies appointed Barwick as his choice alongside replace the retiring Owen Dixon as Chief Justice. Over high-mindedness next 17 years, the Barwick court decided many significant basic cases, including a significant growth of the corporations power attend to several cases regarding the radical basis of taxation.

Barwick likewise played a small but fundamental role in the constitutional disaster, advising Governor-General John Kerr turn this way it was within his faculties to dismiss Prime Minister Gough Whitlam from office. He secluded from the court at probity age of 77, but remained a public figure until government death at the age accuse Outside of his professional pursuit, he also served as integrity inaugural president of the Aussie Conservation Foundation.

Early life shaft education

Barwick was one of troika brothers born to Methodist parents, of Cornish origin;^[1] he was later very insistent on enthrone Cornish identity.^[2] He was convex in Stanmore, an inner-city village of Sydney, and attended Association Street High School.

He label from the University of Sydney with a University Medal amplify law.^{[citation needed]}

Legal career

A very assiduous student, Barwick was admitted hitch legal practice soon after closing university, although (on his go away later admission) he suffered dreadfully in financial terms during distinction Great Depression.

He was patron for a bank loan happening his younger brother to mix a service station in Ashfield, but was unable to compliment the bank when the advance was forfeited, and was prefabricated bankrupt after he sued rank oil companies for defamation. That was held against him afford many throughout his career.^{[citation needed]}

Nevertheless, he practised as a counsel from in many jurisdictions, accomplishment considerable recognition and the indisposed respect of opponents.

At righteousness beginning of World War 2, Barwick's challenges to the Municipal Security Act , which centralized the power to the Inhabitant government, propelled him to character front rank of the Prevent.

He became publicly prominent enclosure the case over the charming merits of William Dobell's Archibald Prize-winning portrait of the master Joshua Smith; a losing favourite claimed the picture was parody, not portraiture.

Barwick represented position plaintiff, and although they gone, the judges commended him replace the brilliance of his rationalization and his name became adequately known from that point onward.

Having been briefed in distinct of Australia's defining constitutional cases (e.g., the Airlines case, don the Bank Nationalisation case), earth was knighted in

A noted example of his astute protagonism involved thirteen Malaysians sentenced sound out death who appealed to say publicly Privy Council.

Twelve retained Barwick, who duly found a polytechnic deficiency in the arrest warrants and secured their freedom. Rank last, whose counsel was whoop so thorough, was hanged.^[3]

Politics

A 1 of the Liberal Party, Barwick was elected to the Habitat of Representatives at the Parramatta by-election, beginning his parliamentary lifetime at the relatively late expedition of He was re-elected be grateful for the general elections of , , and

After the free will, Barwick was promoted to the priesthood as Attorney-General, replacing the straightlaced Neil O'Sullivan.

In that proffer, he guided through legislation amending the Matrimonial Causes Act topmost the Crimes Act, and historic a model for restrictive dealing practices legislation. He also gained public notice for his lap in the case of involve alleged Estonian war criminal, Ervin Viks, who had settled be grateful for Australia and was being trail by the Soviet Union.

Barwick refused to accept the USSR's extradition request, as there was no extradition treaty between righteousness two countries; Viks had passed immigration screening processes and leave behind was argued any such banishment would undermine Australian sovereignty.^[4] Puzzle out the election, Barwick was moreover made Minister for External Interaction.

He led the Dweller delegation to the General Meeting of the United Nations stingy its 15th, 17th, and Ordinal sessions.

For some time, Barwick was seen as a feasible successor to Robert Menzies monkey Liberal leader and prime line. When the news broke ditch he was entering parliament, Govern Browne confidently wrote:

For Harold Holt, it means no mastery.

For the New South Cymru Cabinet aspirants it means inept Cabinet. All in all, tell off the Liberal Federal politicians, depiction entry of Sir Garfield Barwick means exactly what the arrival at of a Derby winner strategic to the other stallions be bounded by the stud. Prosperity in glory stud, but the first move towards the boiling down archetypal the other stallions.

However, Barwick struggled to adapt to the comfort and thrust of political continuance.

There were reports that stylishness was reduced to tears stomachturning a vitriolic debate over what became the Crimes Act , which he later confirmed challenging been accurate. In retirement, Menzies said that he "didn't catch on parliament [] he was smashing disappointing politician". An opinion tally in found that only connect percent of the general communal supported him as Menzies' peer.

He had little support unapproachable other Liberal MPs, and hypothesis about his leadership prospects was largely media-driven. Barwick's elevation envision the High Court further "cleared the space" for Harold Holt, the deputy leader, and smartness eventually replaced Menzies as head unopposed in

Chief Justice

On 27 April , Barwick was determined Chief Justice of the Big Court of Australia, succeeding Sir Owen Dixon, being the culminating law graduate from the Institution of Sydney to hold high-mindedness position.

He was instrumental have the construction of the Lofty Court building in Canberra (unofficially known, as a result, trade in "Gar's Mahal"),^[9] and became glory first president of the Denizen Conservation Foundation in

Barwick was one of only eight justices of the High Court endure have served in the Mother of parliaments of Australia prior to government appointment to the Court; excellence others were Edmund Barton, Richard O'Connor, Isaac Isaacs, H.

Sensitive. Higgins, Edward McTiernan, John Latham, and Lionel Murphy.

In , he became President of picture Australian Institute for International Liaison. He was an ad hoc judge of the International Pay one`s addresses to of Justice in –74 increase the Nuclear Tests (Australia perfectly. France) and Nuclear Tests (New Zealand v.

France) cases, instead of Australia and New Zealand jointly.^[10][11]

A significant decision of the Barwick court marked the beginning loosen the modern interpretation of picture corporations power, which had antediluvian interpreted narrowly since The Accurate Pipes case ()^[12] established defer the federal parliament could bring to life the power to regulate separate least the trading activities tablets corporations, whereas earlier interpretations challenging allowed only the regulation show consideration for conduct or transactions with greatness public.

The court decided diverse other significant constitutional cases, counting the Seas and Submerged Estate case (),^[13] upholding legislation declarative sovereignty over the territorial sea; the First ()^[14] and Beyond ()^[15] Territory Senators cases, which concerned whether legislation allowing endorse the mainland territories to put right represented in the Parliament match Australia was valid; and Russell v Russell (),^[16] which disturbed the validity of the Family Law Act .

The have a stab also decided several cases story to the historic joint meeting of the Parliament of Country, including Cormack v Cope ()^[17] and the Petroleum and Minerals Authority case ().^[18]

The Barwick woo decided several infamous cases failsafe tax avoidance and tax deviousness, almost always deciding against righteousness taxation office.

Led by Barwick himself in most judgments, representation court distinguished between avoidance (legitimately minimising one's tax obligations) become more intense evasion (illegally evading obligations). Description decisions effectively nullified the anti-avoidance legislation and led to representation proliferation of avoidance schemes mould the s, a result which drew much criticism upon class court.^[19]

During the Australian constitutional calamity, he controversially^[9] advised Governor-GeneralSir Can Kerr on the constitutional legitimacy of dismissing a prime evangelist who declined to advise lever election when unable to acquire passage of supply.

That was significant, because Barwick and Gough Whitlam, whose government Kerr laidoff, had a history of contrariety dating from the mids^[20].^{[citation needed]} Further, Whitlam had refused Kerr's request for permission to confab Barwick, or to act completely any advice except his dispossessed.

The High Court was concession to move to new manner of speaking in Canberra in May Spruce up year earlier, in anticipation exclude the move, Barwick wrote comparable with Malcolm Fraser (who had walk prime minister as a act out of the dismissal and who was confirmed in office vulgar the December election), seeking turnout official residence in the secure capital.

His request "went series like a lead balloon grasp the cabinet which had canter into trouble with the Pump up session Court's burgeoning costs while bidding economic restraint on other Australians",^[9] and was rejected. The $ million High Court building guess Canberra was opened by rank Queen in May , talented is today still referred study as "Gar's Mahal".^[9]

Barwick retired detach from the bench in , undiluted few months after passing Sir John Latham's record as description longest-serving Chief Justice.

He set aside excellent health and continued cue be active as a much-sought-after expert on legal issues impending the end of his continuance. His writings included Sir Can Did His Duty (a annotation on Kerr's dismissal of Whitlam) and his memoir A Fundamental Tory.

Privy Council

Barwick was fit a Privy Counsellor in predominant sat as a member model the Judicial Committee of influence Privy Council on 22 occasions,^[21] between ,^[22] and ^[23] Barwick insisted on an amendment strut Privy Council procedure to feeble dissent,^[24] however he exercised deviate only once.^[25] The appeals mainly related to decisions from agitate Commonwealth countries, although they again included appeals from a Bring back Supreme Court.^[26][27]

Barwick supported the traverse of the Privy Council (Limitation of Appeals) Act , which closed off appeals from representation High Court to the Analytical Committee of the Privy Convention.

He said cruise "Australia needed to make warmth own legal mistakes". However, surpass remained possible to appeal restage the Privy Council from homeland supreme courts until the contents of the Australia Act .

Personal life

In , Barwick married Constellation Symons, with whom he esoteric one son and one daughter.^[29]

He was the double cousin slant Robert Ellicott, also an Attorney-General, and later Justice of grandeur Federal Court of Australia, topmost who like Barwick attended Steeple Street and Sydney University.

Engorge 13 July , aged 94, Barwick died. He was cremated and his ashes interred ignore Northern Suburbs Memorial Gardens.^[30][31]

Honours

In June , he was made undiluted Knight Bachelor, "in recognition tip off service to the Public service".^[32]

In January , he was cut out for a Knight Grand Cross gaze at the Order of St Archangel and St George (GCMG), compliance his contribution as Chief Shameful of the High Court.^[33]

In June , he was appointed neat Knight of the Order slow Australia (AK), "in recognition break into service to the Australian Sevens, government and the law".^[34]

References

Bibliography

• Sir Garfield Barwick ().

  A Elementary Tory: Garfield Barwick's Reflections roost Recollections. Federation Press. ISBN&#;.

• David Marr (). Barwick. Allen & Unwin. ISBN&#;.
• Tom Frame (). The Have a go and Death of Harold Holt. Allen & Unwin. p.&#;
• Oliver Designer ().

  A secret interview resume Sir Garfield Barwick. 49 Austronesian Bar Review ISSN&#;

External links

Oliver Designer Secret Interview with Sir President Barwick