Garfield Barwick

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Sir Garfield Barwick
Garfield Barwick
In office
27 April 1964 – 11 February 1981
Appointed by Sir Robert Menzies
Preceded by Sir Owen Dixon
Succeeded by Sir Harry Gibbs
Born 22 June 1903
Flag of Australia Sydney, New South Wales, Australia
Died 14 July 1997
Sydney

Sir Garfield Edward John Barwick AK, GCMG, PC (22 June 1903 – 14 July 1997) was the Attorney-General of Australia (1958-61), Minister for External Affairs (1961-64) and the seventh and longest serving Chief Justice of Australia (1964-81). He was appointed a Privy Counsellor in 1964 and a judge of the International Court of Justice (1973-74)[1]

Contents

[edit] Career

Barwick was born in Sydney, New South Wales, and attended Fort Street High School. He graduated from the University of Sydney with the University Medal in law. His Methodist family was of modest means. A good student, he studied law and was admitted to practice although, on his own later admission, he suffered severely in financial terms during the Great Depression. He failed to repay a cousin's loan from a bank which he had guaranteed and was made bankrupt. This was held against him by many throughout his career. Nevertheless, he practised as a barrister in many jurisdictions, achieving considerable recognition. He was briefed in many of Australia's defining constitutional cases (e.g., the Airlines case, the Bank Nationalisation case). He was knighted in 1953.

A famous example of his astute advocacy involved thirteen Malaysians sentenced to death who appealed to the Privy Council. Twelve retained Barwick who duly found a technical deficiency in the arrest warrants and secured their freedom. The last, whose counsel was not so thorough, was executed[2].

Barwick was elected to the House of Representatives as the Liberal member for Parramatta at a by-election on 8 March 1958, and re-elected in the general elections of 1958, 1961 and 1963.

During his period in parliament he served as Attorney-General and Minister for External Affairs. As Attorney-General he promoted acts amending the Matrimonial Causes Act and the Crimes Act. He established a model for restrictive trade practices legislation. He led the Australian delegation to the General Assembly of the United Nations for its 15th, 17th and 18th sessions.

On 27 April 1964, he was appointed Chief Justice of the High Court of Australia. He was the first law graduate from the University of Sydney to become Chief Justice. He was instrumental in the construction of the High Court building in Canberra. He was appointed the first president of the Australian Conservation Foundation in 1966.

During the 1975 Australian constitutional crisis, he controversially advised Governor-General Sir John Kerr on the constitutional legality of dismissing a prime minister who declined to advise an election when unable to obtain passage of supply. He retired from the bench in 1981.

[edit] References

  1. ^ High Court of Australia
  2. ^ The International and Comparative Law Quarterly, Vol. 17, No. 3 (Jul., 1968), pp. 782-783

[edit] Bibliography

[edit] See also

[edit] External links

Preceded by
Sir Owen Dixon		 Chief Justice of Australia
1964-1981		 Succeeded by
Sir Harry Gibbs
Political offices
Preceded by
Neil O'Sullivan		 Attorney-General of Australia
1961		 Succeeded by
Billy Snedden
Preceded by
Robert Menzies		 Minister for External Affairs
1961–1964		 Succeeded by
Paul Hasluck
Parliament of Australia
Preceded by
Howard Beale		 Member for Division of Parramatta
1958–1964		 Succeeded by
Nigel Bowen


Justices of the High Court of Australia
Chief Justices of Australia
Griffith · Knox · Isaacs · Gavan Duffy · Latham · Dixon · Barwick · Gibbs · Mason · Brennan · Gleeson
Puisne Justices
Barton · O'Connor · Higgins · Powers · Piddington · Rich · Starke · Evatt · McTiernan · Williams · Webb · Fullagar · Kitto · Taylor · Menzies · Windeyer · Owen · Walsh · Stephen · Jacobs · Murphy · Aickin · Wilson · Deane · Dawson · Toohey · Gaudron · McHugh · Gummow · Kirby · Hayne · Callinan · Heydon · Crennan · Kiefel
current Justices are in italics


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