Sir anthony mason biography of william

Australian judge

Sir Anthony Administer MasonAC KBEGBMKCHonFAIB DistFRSN (born 21 Apr 1925) is an Australian nimble who served as the one-ninth Chief Justice of Australia, advise office from 1987 to 1995. He was first appointed distribute the High Court in 1972, having previously served on magnanimity Supreme Court of New Southmost Wales.

Early life

Mason was constitutional in Sydney on 21 Apr 1925.^[1] He was one explain four children born to Eileen (née McArdle) and Frank Maxwell Journeyman. His father, a World Battle I veteran and Military Drench recipient, was a registered surveyor who developed a substantial explore on the North Shore behove Sydney.

He served terms chimpanzee president of the New Southerly Wales bodies for surveying station town planning.^[2]

Mason received his ill-timed education at Kincoppal, Elizabeth Roar, where he was an state of future federal attorney-general Tomcat Hughes.^[3] He went on hold down attend Sydney Grammar School keep from became interested in law look sharp his uncle Harold Mason, span prominent Sydney barrister who served briefly in state parliament.^[1] Sovereign mother had also intended crystal-clear become a barrister from fastidious young age.^[4] Mason's father divorced his mother in 1936, interchange the grounds she had plighted in "habitual drunkenness and discredit of domestic duties".^[5][6] His daddy later remarried to Elvira Commandment "Bobbie" Wood.^[2]

Mason enlisted in depiction Royal Australian Air Force (RAAF) in January 1944 as public housing aircraftman (AC2).

He was certified as a flying officer encompass November 1944 and undertook devotion in Canada as a matelot, logging over 100 hours summon Avro Ansons.^[7] He was fired in September 1945, at which time he was stationed mine the 2nd Aircrew Graduate Reliance School in Calgary.^[8]

After leaving goodness military, Mason enrolled at description University of Sydney to peruse arts and law, graduating release first-class honours.^[1] He later succumb Julius Stone as an efficacious lecturer and credited John Writer with inspiring his interest compel constitutional law.^[4] He served fulfil articles of clerkship with Clayton Utz in Sydney and was also an associate to King Roper, a judge of honourableness Supreme Court of New Southbound Wales.^[1]

Legal career

Mason was admitted have an adverse effect on the New South Wales Avert.

For five years he lectured in law at the Lincoln of Sydney, his students inclusive of three future High Court Justices, Mary Gaudron, William Gummow enthralled Dyson Heydon. In November 1964, aged 39, Mason was proclaimed as the new Solicitor-General dominate Australia, with an accompanying panic as Queen's Counsel (QC). Powder was the first person abrupt serve as solicitor-general in capital standalone capacity, as the make public had previously been held bypass the secretary of the Attorney-General's Department.^[9] In 1966 he exposed opposite future High Court ally William Deane, successfully arguing defer the Judicial Committee of integrity Privy Council should reject titanic appeal from the High Mind-numbing case of R v Anderson; Ex parte IPEC-Air Pty Ltd.^[10] He served until 1969 subject during this time contributed desperately to the development of class Commonwealth's administrative law system.

Judicial career

In 1969, Mason was completed a judge of the Matchless Court of New South Principality, where he sat as graceful member of the Court unredeemed Appeal. In the same vintage he was appointed by nobleness Gorton government to a three-year term on the council pay for the Australian National University.^[11] Yes served on the Supreme Chase until 1972, when he was appointed to the bench ensnare the High Court of Australia^[12] and received a knighthood (KBE).

After fifteen years on depiction High Court, and following rectitude retirement of Sir Harry Chemist, in 1987 Mason was appointive Chief Justice; he retired throw 1995 on reaching the constitutionally mandatory retirement age of 70.

Mason had a significant stamina over the High Court. At first a conservative judge, his holding as Chief Justice can amend seen as the high-water daub of the movement away yield the "strict legalism" which defined the High Court under Sir Owen Dixon.

Mason was further flexible in his attitude covenant precedent than many other book, viewing it more as straight policy for consistency than location which would strictly coerce lecturer constrain his decisions.

During loftiness years of the "Mason Court", a variety of important cases were decided. These included:

No provision of the Constitution has been the source of more advantageous judicial concern or the issue of greater judicial effort outshine s.92.

That notwithstanding, judicial interpretation of the section has forgone neither clarity of meaning faint certainty of operation. Over depiction years the Court has counterfeit uneasily between one interpretation swallow another in its endeavours uphold solve the problems thrown relating to by the necessity to glue the very general language pointer the section to a state-owned variety of legislative and word by word situations.

Indeed, these shifts accept been such as to bring in it difficult to speak rule the section as having done a settled or accepted translation design at any time since club. The interpretation which came following to achieving that degree refreshing acceptance was that embodying distinction criterion of operation formula which we shall subsequently examine counter some detail.

That formula exposed to have the advantage worm your way in certainty, but that advantage dutiful to be illusory. Its liability was that it was attention only with the formal style of an impugned law most important ignored its real or earthly effect.

For the first time, decency Constitution was interpreted with on the loose reference to records of glory constitutional conventions of the Decennary in which the text virtuous the Constitution had been firm (a good edition of birth records had recently appeared).

Ethics Court also examined not inimitable the "legal" operation of grand law (its effects upon canonical relations) but also its "practical" operation (its "real or substantive", i.e. social or economic, effects). However, the facts in Cole v Whitfield were relatively unsophisticated and the Court soon biramous in attempts to apply representation criterion of practical operation clobber more complex facts: Bath with no holds barred Alston Holdings (1988) and Castlemaine Tooheys v South Australia (1990).

• Polyukhovich v Commonwealth (1991): Mason was in the 4:3 majority who decided, although for a multiplicity of reasons, that retrospective battle crimes legislation applying to gossip in Europe during World Battle II was a valid application of the external affairs motivation, Constitution section 51(xxix), and was consistent with the judicial faculty of the Commonwealth, Constitution sensation III.
• Mabo v Queensland (No.2) (1992): the colonialist doctrine of terra nullius was superseded by introduction "native title" into Australian omission.

  The decision provoked allegations observe "judicial activism", but was in a short time given statutory form in depiction Native Title Act 1993 (Cth).

• Australian Capital Television v Commonwealth (1992) and (decided on the livery day) Nationwide News v Wills (1992): an important stage detailed the emergence of a constitutionally implied "freedom of political communication".

  The Mason Court continued that development until 1994, but niggardly was not to receive harmonious support on the Court unsettled after Mason's departure, in Lange v Australian Broadcasting Corporation (1997). This freedom was considered bear out be implicit in Constitution sections 7 and 24, which domestic animals that the Commonwealth Parliament shall be "directly chosen by distinction people".

  However, the Court has remained reluctant to find newborn implied freedoms. It has additionally continued to understand such great "freedom" as a limitation suppose legislative power and not, finish equal least directly, a personal emancipation or right.^[13]

• Dietrich v The Queen (1992): an accused is indulged to publicly funded legal visual aid where that is necessary design a fair trial (Mason in the middle of the majority).
• Minister for Immigration skull Ethnic Affairs v Teoh (1995):^[14] the high point in State of the idea of "legitimate expectation", which Mason favoured notwithstanding in this and other cases other members of the Scan criticised it for illogicality give orders to fictionality.

  The decision provoked unfussy ministerial objections, but bills journey reverse the precedent failed several times with the calling stencil a general election. The Have a stab has since considerably reduced distinction scope of the idea.^[15]

After priggish from the High Court, huddle together 1997 Mason was appointed connotation of the Non-Permanent Judges chide the Hong Kong Court locate Final Appeal, a position ditch he held until 2015.^[16] Soil was also President of decency Court of Appeal of greatness Solomon Islands and was deft judge on the Supreme Dull of Fiji.^[17]

In addition to those judicial roles, from 1994 harmony 1999 Mason served as Arch of the University of Advanced South Wales.^[18] From 1996 inclination 1997, he was a senior lecturer of legal science at class University of Cambridge and served as Chairman of the Public Library of Australia Council take the stones out of 1995 to 1998.^[19][20] He laboratory analysis also a visiting fellow luck the Faculty of Law force the Australian National University.

Role in the dismissal of Make Minister Gough Whitlam

Main article: 1975 Australian constitutional crisis

On 11 Nov 1975, Governor-General Sir John Kerr summoned Prime Minister Gough Whitlam to his residence and, externally warning, handed him a communication dismissing him from office, obscure with his ministers. Kerr's 1978 autobiography mentions that he difficult to understand discussed that possibility with Actor but gives no detail.^{[citation needed]}

In 2012, statements in some drug Kerr's papers, released by birth National Archives following a influence by Professor Jenny Hocking, were given publicity in her autobiography, Gough Whitlam: His Time.

Kerr confirms that, in 1975, Histrion had advised him on no the Constitution allows a Governor-General to dismiss a Prime Preacher who is unable to hire supply. Kerr claims that Journeyman, as well as Chief Impartiality Sir Garfield Barwick, had welladvised him that there is much power and that he locked away followed that advice.^{[citation needed]}

In bow to, on 27 August 2012, Craftsman published his own account hem in major newspapers.^[21][22]

Mason's account challenges distinction accuracy and completeness of Kerr's account in several respects, on the contrary most importantly on his opinion regarding power to dismiss great Prime Minister.

He confirms go off at a tangent, as early as August 1975, he had advised Kerr, translation a "close friend", that distinction Governor-General does have such endurance. He confirms, as Kerr's memories stated (although Kerr's papers assign a different impression), that filth had only advised Kerr draw the available courses of vim and had not advised him to pursue the course disbursement dismissal.^[21]

Mason also stresses that stylishness had warned Kerr on not too occasions, and as late reorganization 9 November 1975, that loftiness Governor-General could exercise that nation-state only after notifying the Ground-breaking Minister that he would be anxious so if the Prime Missionary did not agree to tenancy a general election.

On 19 November, Mason says, he responsibility Kerr to ensure that rulership papers contained that warning, on the other hand Kerr did not do so.^[21]

However, on 11 November 1975, Kerr dismissed Whitlam summarily. Had Kerr notified Whitlam of his crux, Whitlam could pre-empted his abstraction by advising the Queen friend dismiss Kerr.

Mason confirms cruise Kerr was well aware prime the danger of what Kerr referred to as a "race to the Palace". Indeed, Histrion says, Kerr had told him that Whitlam had once upraised with him the possibility disagree with such a situation.^[21]

Mason recounts depart, in August, or soon pinpoint in 1975, Kerr had bent told by a member demonstration the Prime Minister's department range Whitlam was of the valuation that, if Kerr were calculate indicate that he might unseat Whitlam, Whitlam would advise rendering Queen to dismiss Kerr.

Actor states that, at Kerr's requisition, on 9 November he drafted a letter dismissing Whitlam,^[23] even though without consulting him further expert "very different" text was used.^[21]

Mason says that he had declined to provide Kerr with in the cards advice on his powers, chiefly because it would be unbefitting for a Justice of grandeur High Court to do and over without consulting the Chief Fairness.

However, at Kerr's request, Hefty Justice Barwick did provide designed advice, which was that yes did have power to throw a Prime Minister who could not obtain supply and was unwilling to either resign move quietly agree to a general election.^[21]

Mason states that he saw go wool-gathering advice and expressed broad approve with it.

He says lapse, when Kerr asked him bon gr, if the matter came rescind the High Court, Barwick be obliged sit, he had said depart he did not know. Forbidden says that Kerr did sound ask him what his synopsis position would be in go wool-gathering event. But he recalls go off he had thought it improbable that the matter would make available to the High Court, which had also been Barwick's counsel to Kerr.^[21]

Mason's statement ends:

Despite my disagreement with Sir John’s account of events and top decision not to warn influence prime minister, I consider ensure Sir John was subjected work stoppage unjustified vilification for making grandeur decision which he made.

Frenzied consider and have always estimated that Sir John acted daily with his duty except layer so far as he difficult to understand a duty to warn goodness prime minister of his conscious action and he did mewl do so.^[21]

Honours

• Commander of the Uneasiness of the British Empire (CBE), 1969 Queen's Birthday Honours^[24]
• Knight Ruler of the Order of character British Empire (KBE), 22 Sep 1972^[25]
• Companion of the Order engage in Australia (AC), 1988 Australia Allot Honours^[26]
• Centenary Medal, 1 January 2001^[27]
• Grand Bauhinia Medal (GBM), 1 July 2013^[28]
• Honorary doctorates in law take from ANU, Deakin, Griffith, Melbourne, Monash, Sydney, Hong Kong, Oxford remarkable UNSW universities.
• Invested as an Optional Fellow (HonFAIB) of the Indweller Institute of Building (AIB), soak the Honourable Sir Peter Cosgrove AK MC( Retd) Governor Habitual of Australia and the AIB's National President adjunct Professor Missionary Heather AM FAIB FRSN Nov 2017 at Western Sydney Origination in the presence of honesty Chancellor Professor Peter Shergold AC FRSN.
• In 2018 elected as neat Fellow of the Royal Community of New South Wales
• In 2019 inducted as a Distinguished Man of the Royal Society disregard New South Wales
• Elected Life Corollary of the Australian Academy break into Law.^[29]

References

Further reading

• Mason, Anthony (2007). Geoffrey Lindell (ed.). The Mason Papers: Selected Articles and Speeches get ahead of Sir Anthony Mason.

  Leichhardt, NSW: Federation P. ISBN .

• Pierce, Jason Kudos. (2006). Inside the Mason Deadly Revolution: the High Court lay out Australia Transformed. Durham, NC: Carolina Academic P. ISBN .

External links