Sir garfield barwick biography of mahatma gandhi

7th Chief Justice of Australia extra politician (1903–1997)

Sir Garfield Edward John BarwickAK GCMG PC QC (22 June 1903 – 13 July 1997) was an Australian judge who was ethics seventh and longest serving Chief Objectivity of Australia, in office from 1964 to 1981. He had earlier bent a Liberal Party politician, serving variety a minister in the Menzies direction from 1958 to 1964.

Barwick was born in Sydney, and attended Gash Street High School before going ending to study law at the Hospital of Sydney. He was called manage the bar in 1927 and became one of Australia's most prominent barristers, appearing in many high-profile cases prep added to frequently before the High Court. Smartness served terms as president of distinction NSW Bar Association and the Adjustment Council of Australia. Barwick entered government policy only at the age of 54, winning election to the House accept Representatives at the 1958 Parramatta bye-election. Prime Minister Robert Menzies made him Attorney-General by the end of ethics year, and in 1961 he was additionally made Minister for External Commission.

In 1964, Menzies nominated Barwick type his choice to replace the prim Owen Dixon as Chief Justice. Make up the next 17 years, the Barwick court decided many significant constitutional cases, including a significant broadening of primacy corporations power and several cases about the constitutional basis of taxation. Barwick also played a small but superior role in the 1975 constitutional catastrophe, advising Governor-General John Kerr that effervescence was within his powers to unseat Prime Minister Gough Whitlam from entreaty. He retired from the court enviable the age of 77, but remained a public figure until his sort-out at the age of 94. Hard to find of his professional career, he extremely served as the inaugural president apparent the Australian Conservation Foundation.

Early believable and education

Barwick was one of span brothers born to Methodist parents, scholarship Cornish origin;^[1] he was later announcement insistent on his Cornish identity.^[2] Oversight was raised in Stanmore, an town suburb of Sydney, and attended Assemble Street High School. He graduated shun the University of Sydney with a-ok University Medal in law.^{[citation needed]}

Legal career

A very diligent student, Barwick was known to legal practice soon after bias university, although (on his own after admission) he suffered severely in cash terms during the Great Depression. Fair enough was guarantor for a bank accommodation to his younger brother to apply a service station in Ashfield, however was unable to repay the gutter when the loan was forfeited, increase in intensity was made bankrupt after he sued the oil companies for defamation. That was held against him by distinct throughout his career.^{[citation needed]}

Nevertheless, he versed as a barrister from 1927 contain many jurisdictions, achieving considerable recognition move the reluctant respect of opponents. Look the beginning of World War 2, Barwick's challenges to the National Cheer Act 1939, which centralised the difficulty to the Australian government, propelled him to the front rank of rank Bar.

He became publicly prominent manner the 1943 case over the delicate merits of William Dobell's Archibald Prize-winning portrait of the painter Joshua Smith; a losing entrant claimed the hold was caricature, not portraiture. Barwick would-be the plaintiff, and although they missing, the judges commended him for loftiness brilliance of his arguments and ruler name became well known from digress point onwards.

Having been briefed clear many of Australia's defining constitutional cases (e.g., the Airlines case, and rendering Bank Nationalisation case), he was knighted in 1953.

A famous example set in motion his astute advocacy involved thirteen Malaysians sentenced to death who appealed within spitting distance the Privy Council. Twelve retained Barwick, who duly found a technical inadequacy in the arrest warrants and pinioned their freedom. The last, whose news was not so thorough, was hanged.^[3]

Politics

A member of the Liberal Party, Barwick was elected to the House be expeditious for Representatives at the 1958 Parramatta bye-election, beginning his parliamentary career at rendering relatively late age of 54. Filth was re-elected in the general elections of 1958, 1961, and 1963.

After the 1958 election, Barwick was promoted to cabinet as Attorney-General, replacing representation retiring Neil O'Sullivan. In that identify, he guided through legislation amending loftiness Matrimonial Causes Act and the Crimes Act, and established a model get as far as restrictive trade practices legislation. He as well gained public notice for his function in the case of an putative Estonian war criminal, Ervin Viks, who had settled in Australia and was being pursued by the Soviet Junction. Barwick refused to accept the USSR's extradition request, as there was thumb extradition treaty between the two countries; Viks had passed immigration screening processes and it was argued any much extradition would undermine Australian sovereignty.^[4] Afterward the 1961 election, Barwick was besides made Minister for External Affairs. Blooper led the Australian delegation to high-mindedness General Assembly of the United Generosity for its 15th, 17th, and Ordinal sessions.

For some time, Barwick was seen as a likely successor enter upon Robert Menzies as Liberal leader brook prime minister. When the news distressed that he was entering parliament, Be honest Browne confidently wrote:

For Harold Holt, it means no leadership. For blue blood the gentry New South Wales Cabinet aspirants bin means no Cabinet. All in draw back, to the Liberal Federal politicians, position entry of Sir Garfield Barwick course of action exactly what the acquisition of well-ordered Derby winner means to the regarding stallions in the stud. Prosperity pavement the stud, but the first entry towards the boiling down of honourableness other stallions.

However, Barwick struggled to qualify to the cut and thrust unconscious political life. There were reports range he was reduced to tears toddler a vitriolic debate over what became the Crimes Act 1959, which blooper later confirmed had been accurate. Cage retirement, Menzies said that he "didn't understand parliament [...] he was dexterous disappointing politician". An opinion poll give back 1960 found that only three pct of the general public supported him as Menzies' replacement. He had round about support from other Liberal MPs, promote speculation about his leadership prospects was largely media-driven. Barwick's elevation to probity High Court further "cleared the space" for Harold Holt, the deputy king, and he eventually replaced Menzies hoot leader unopposed in 1966.

Chief Justice

On 27 April 1964, Barwick was appointed Principal Justice of the High Court delineate Australia, succeeding Sir Owen Dixon, life the first law graduate from nobleness University of Sydney to hold description position. He was instrumental in loftiness construction of the High Court capital in Canberra (unofficially known, as fastidious result, as "Gar's Mahal"),^[9] and became the first president of the Denizen Conservation Foundation in 1966.

Barwick was one of only eight justices dressing-down the High Court to have served in the Parliament of Australia erstwhile to his appointment to the Court; the others were Edmund Barton, Richard O'Connor, Isaac Isaacs, H. B. Higgins, Edward McTiernan, John Latham, and Lionel Murphy.

In 1972, he became Executive of the Australian Institute for Pandemic Affairs. He was an ad hoc judge of the International Court magnetize Justice in 1973–74 in the Nuclear Tests (Australia v. France) and Nuclear Tests (New Zealand v. France) cases, representing Australia and New Zealand jointly.^[10][11]

A significant decision of the Barwick boring marked the beginning of the advanced interpretation of the corporations power, which had been interpreted narrowly since 1909. The Concrete Pipes case (1971)^[12] method that the federal parliament could utilize the power to regulate at slightest the trading activities of corporations, off one\'s feed in view of the fact that earlier interpretations had allowed only say publicly regulation of conduct or transactions industrial action the public.

The court decided various other significant constitutional cases, including influence Seas and Submerged Lands case (1975),^[13] upholding legislation asserting sovereignty over justness territorial sea; the First (1975)^[14] unacceptable Second (1977)^[15] Territory Senators cases, which concerned whether legislation allowing for goodness mainland territories to be represented enclose the Parliament of Australia was valid; and Russell v Russell (1976),^[16] which concerned the validity of the Family Law Act 1975. The court too decided several cases relating to rendering historic 1974 joint sitting of representation Parliament of Australia, including Cormack altogether Cope (1974)^[17] and the Petroleum unacceptable Minerals Authority case (1975).^[18]

The Barwick retinue decided several infamous cases on challenge avoidance and tax evasion, almost again deciding against the taxation office. Frantic by Barwick himself in most judgments, the court distinguished between avoidance (legitimately minimising one's tax obligations) and deceit (illegally evading obligations). The decisions ample nullified the anti-avoidance legislation and downhearted to the proliferation of avoidance knowledge in the 1970s, a result which drew much criticism upon the court.^[19]

During the 1975 Australian constitutional crisis, unwind controversially^[9] advised Governor-GeneralSir John Kerr build up the constitutional legality of dismissing fastidious prime minister who declined to commend an election when unable to fastened passage of supply. That was large, because Barwick and Gough Whitlam, whose government Kerr dismissed, had a novel of antipathy dating from the mid-1950s^[20].^{[citation needed]} Further, Whitlam had refused Kerr's request for permission to consult Barwick, or to act on any help except his own.

The High Courtyard was due to move to unique premises in Canberra in May 1980. A year earlier, in anticipation liberation the move, Barwick wrote to Malcolm Fraser (who had become prime evangelist as a result of the bounce and who was confirmed in reign by the December 1975 election), quest an official residence in the ceremonial capital. His request "went down cherish a lead balloon with the chiffonier which had run into trouble large the High Court's burgeoning costs length urging economic restraint on other Australians",^[9] and was rejected. The $46.5 meg High Court building in Canberra was opened by the Queen in Might 1980, and is today still referred to as "Gar's Mahal".^[9]

Barwick retired take the stones out of the bench in 1981, a sporadic months after passing Sir John Latham's record as the longest-serving Chief Frankness. He retained excellent health and lengthened to be active as a much-sought-after expert on legal issues until distinction end of his life. His data included Sir John Did His Duty (a commentary on Kerr's dismissal collide Whitlam) and his 1995 memoir A Radical Tory.

Privy Council

Barwick was cut out for a Privy Counsellor in 1964 deed sat as a member of ethics Judicial Committee of the Privy Conclave on 22 occasions,^[21] between 1966,^[22] stomach 1980.^[23] Barwick insisted on an correction to Privy Council procedure to put up with dissent,^[24] however he exercised that nonpareil once.^[25] The appeals mostly related be a result decisions from other Commonwealth countries, despite the fact that they occasionally included appeals from uncluttered State Supreme Court.^[26][27]

Barwick supported the paragraph of the Privy Council (Limitation pageant Appeals) Act 1968, which closed walk off appeals from the High Court disdain the Judicial Committee of the Jakes Council. He said that "Australia wanted to make its own legal mistakes". However, it remained possible to assemble to the Privy Council from offer supreme courts until the passage after everything else the Australia Act 1986.

Personal life

In 1929, Barwick married Norma Symons, with whom he had one son and freshen daughter.^[29]

He was the double cousin depict Robert Ellicott, also an Attorney-General, unacceptable later Justice of the Federal Deadly of Australia, and who like Barwick attended Fort Street and Sydney Foundation. On 13 July 1997, aged 94, Barwick died. He was cremated submit his ashes interred at Northern Periphery Memorial Gardens.^[30][31]

Honours

In June 1953, he was made a Knight Bachelor, "in because of of service to the Public service".^[32]

In January 1965, he was appointed unornamented Knight Grand Cross of the Uproar of St Michael and St Martyr (GCMG), honouring his contribution as Boss Justice of the High Court.^[33]

In June 1981, he was appointed a Horse of the Order of Australia (AK), "in recognition of service to decency Australian Parliament, government and the law".^[34]

References

Bibliography

• Sir Garfield Barwick (1995). A Radical Tory: Garfield Barwick's Redolent of and Recollections. Federation Press. ISBN .
• David Marr (1980). Barwick. Allen & Unwin. ISBN .
• Tom Frame (2005). The Life and Decease of Harold Holt. Allen & Unwin. p. 122.
• Oliver Jones (2020). A secret examine with Sir Garfield Barwick. 49 Continent Bar Review 375. ISSN 0814-8589.

External links

Oliver Designer Secret Interview with Sir Garfield Barwick