Bernard Sugerman

The Honourable Sir
Bernard Sugerman
QC LLB HonLLD (Syd)

Bernard Sugerman, 1947
Born Bernie Sugerman
5 July 1904(1904-07-05)
Rockdale, New South Wales
Died 3 November 1976(1976-11-03) (aged 72)
Bellevue Hill, New South Wales
Citizenship Australian
Education Kogarah Public School, Sydney Boys High School
Alma mater The University of Sydney
Occupation judge
Religion Judaism[1]

Bernard Sugerman (5 July 1904 — 3 November 1976) was an Australian barrister, legal scholar and judge.

Contents

Early life and education

Bernie Sugerman was born on 5 July 1904 at Rockdale, New South Wales. His mother, Florrie née Green, died in 1905 and his father, Solomon Ruben Sugerman, a commercial traveller from Scotland, remarried in 1907.[2]

Sugerman attended Kogarah public school[3] and Sydney Boys' High School and gained an exhibition to the University of Sydney where he enrolled in law.[2] He was the Wigram Allen scholar 1922, Pitt Cobbet Prizeman 1922, John George Dalley Prizeman 1925 and joint University Medallist 1925 being graduated LLB 1st Class Honours in 1925.[2][4]

Barrister

He was admitted to the New South Wales Bar on 12 March 1926 and went into chambers with his friends David Roper and Alan Taylor. His practice grew slowly and he was appointed KC in October 1943 after which he began to be briefed in important constitutional cases before the High Court of Australia.[2] He had been one of the Commonwealth's advisers at the 1942 Constitutional Convention.[5]

Legal scholar, editor

He lectured at the Sydney Law School (1926-43) on contracts, mercantile law and torts.[2]

He became the first editor (1927-46) of the Australian Law Journal (ALJ), only leaving that post on being elevated to the bench. On the presentation of his portrait to the New South Wales Supreme Court, it was said that the "endurance, renewal and national place of the ALJ is one of his most permanent monuments."[3]

He was editor in chief (1934-39) of the Australian Digest.[2]

He was editor (1942-46), Commonwealth Law Reports.[2]

Judge

Sugerman was appointed to the bench of the Commonwealth Court of Conciliation and Arbitration to make a full bench to hear the application by trade unions for a shorter standard working week of forty hours.[2][5]

On completion of that case, he resigned and was appointed to the New South Wales Supreme Court on 10 September 1947. His friend, David Roper was promoted from the Land and Valuation Court to be chief judge in equity and Sugerman took his place in the Land and Valuation Court and assisted in the equity jurisdiction.[2][6]

Sugerman remained head of the Land and Valuation Court until 1961 but also was called upon to sit in equity and, over time, the Full Court and the Court of Appeal.[2] He sat on the Full Court to hear the landmark New South Wales state constitutional law case of Clayton v Heffron (1960) NSWR 592 where he joined the majority, writing a joint judgment with Chief Justice Evatt.[7]

He was passed over for appointment as first president of the new Court of Appeal in 1965, but he became its second president on 22 January 1970 but ill health led him to retire on 29 September 1972.[2]

Community work

He was a council-member (1939-43) of the New South Wales Bar Association and deputy-president (1941-43) of the Solicitors Admission Board.[2]

Sugerman was active in Sydney's Jewish community.[2][1]

Personal and family life

At the Great Synagogue, Sydney, on 4 January 1928 he married Sarah Rosenblum, a schoolteacher from South Africa.[2]

Sir Bernard Sugerman died on 3 November 1976. His funeral service was at the Great Synagogue, Sydney. His remains were interred at Rookwood. He was survived by his wife, Sarah and two sons, David and Alan.[2][8]

Awards and honours

In 1970, he was made a knight bachelor in the Queen's Birthday honours list.[9]

In 1976, the honorary degree of Doctor of Laws was conferred upon him by the University of Sydney.[10]

References

  1. ^ a b William Rubinstein, "Bernard Sugerman" in Michael Berenbaum and Fred Skolnik (eds) Encyclopaedia Judaica (2007, 2nd ed., Detroit) via Gale Biography In Context accessed 25 August 2011.
  2. ^ a b c d e f g h i j k l m n o M. Z. Forbes, "Sugerman, Sir Bernard (1904–1976)", Australian Dictionary of Biography, National Centre of Biography, Australian National University, accessed 25 August 2011.
  3. ^ a b "Presentation of a Portrait of Sir Bernard Sugarman to the Supreme Court of NSW" Law and Justice Foundation, 24 July 1995 accessed 28 August 2011.
  4. ^ "Sugerman, Bernard", Joseph A. Alexander (ed.), Who’s Who in Australia 1944 (1944, 12th ed., Melbourne, The Herald Press)
  5. ^ a b "Mr. Sugerman Likely To Become Judge.". The Sydney Morning Herald (NSW : 1842 - 1954) (NSW: National Library of Australia): p. 3. 2 April 1946. http://nla.gov.au/nla.news-article17974296. Retrieved 25 August 2011. 
  6. ^ "Arbitration judge for NSW Court.". The Argus (Melbourne, Vic. : 1848 - 1956) (Melbourne, Vic.: National Library of Australia): p. 15. 11 September 1947. http://nla.gov.au/nla.news-article22506736. Retrieved 25 August 2011. 
  7. ^ Anne Twomey, "Clayton v Heffron", Chapter 7 in George Winterton (ed.) State Constitutional Landmarks (2007).
  8. ^ "Sir Bernard Sugerman dies", The Sydney Morning Herald, 5 November 1976, p 2.
  9. ^ Supplement to The London Gazette, 13 June 1970, p 6366
  10. ^ Honorary Degrees The Senate of the University of Sydney accessed 25 August 2011.