John Latham (judge)

The Right Honourable
Sir John Latham
GCMG KC
Chief Justice Sir John Latham in 1945
5th Chief Justice of Australia
In office
11 October 1935 – 7 April 1952
Nominated by Joseph Lyons
Appointed by Sir Isaac Isaacs
Preceded by Sir Frank Gavan Duffy
Succeeded by Sir Owen Dixon
Personal details
Born 26 August 1877(1877-08-26)
Ascot Vale, Victoria
Died 25 July 1964(1964-07-25) (aged 86)
Richmond
Nationality Australian
Alma mater University of Melbourne

Sir John Greig Latham GCMG QC (26 August 1877 – 25 July 1964) was an Australian judge and politician who served as fifth Chief Justice of the High Court of Australia for seventeen years, from 1935 to 1952.

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Biography

Latham was born in Ascot Vale, a suburb of Melbourne, Australia. His father was a prominent citizen, whose achievements as Secretary for the Society for the Protection of Animals were deeply respected. John Latham won a scholarship and became a successful student at Scotch College and the University of Melbourne, studying logic, philosophy and law. At one point, he was the recipient of the Supreme Court Judges' Prize. In November 1902, Latham became the first secretary of the Boobook Society (named for the Southern Boobook owl), a group of Melbourne academics and professionals which still meets.

During World War I, he was an Intelligence officer in the Royal Australian Navy, holding the rank of lieutenant commander. He was the head of Naval Intelligence from 1917, and was part of the Australian delegation to the Imperial Conference and then the Versailles Peace Conference, for which he was appointed Companion of the Order of St Michael and St George (CMG) in the 1920 New Year Honours.[1] He grew to dislike William Morris Hughes, the Australian Prime Minister.

Latham had a distinguished legal career. He was admitted to the Victorian Bar in 1904, and was made a King's Counsel in 1922. In 1920, Latham appeared before the High Court representing the State of Victoria in the famous Engineers' case, alongside such people as Dr H.V. Evatt and Robert Menzies.

In 1922, Latham was elected to the Australian House of Representatives as an independent, running on a campaign of 'Get Rid of Hughes'. Although his philosophy was close to Hughes' Nationalist Party, Latham's experience of Hughes in Europe ensured that he would not serve under him in a Parliament. He won the Victorian seat of Kooyong. On Hughes' removal, he subsequently joined the Nationalist Party and from 1925 to 1929, he served as the Commonwealth Attorney-General in the Nationalist government under Stanley Bruce and Earle Page. He wrote several books, including Australia and the British Empire in which he argued for Australia's place in the British Empire. He opposed the ratification of the Statute of Westminster (1931) and worked very hard to prevent it.[2] After Bruce lost his Parliamentary seat in 1929, Latham served as leader of the Nationalist Party. After Joseph Lyons led defectors from the Labor Party across the floor, Latham resigned as Opposition Leader in favour of Lyons. In 1931 he was appointed Attorney-General again, this time in the United Australia Party government of Lyons. At the same time, he was also the Minister for External Affairs and (unofficially) the Deputy Prime Minister. Latham held these positions until 1934, when he retired from the Commonwealth Parliament.

Latham was appointed Chief Justice of the High Court of Australia on 11 October 1935. From 1940 to 1941, he took leave from the Court and travelled to Tokyo to serve as Australia's first Minister to Japan. He retired from the High Court in April 1952.

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

He died in 1962 in the Melbourne suburb of Richmond. Latham was a prominent Rationalist, after abandoning his parent's Methodism at university. He was also a prominent campaigner for Australian literature, being part of the editorial board of The Trident, a small liberal journal, which was edited by Walter Murdoch. The board also included poet Bernard O'Dowd. Latham had three children, two of whom predeceased him. His wife, Ella, also predeceased him.

The Canberra suburb of Latham was named after him in 1971.

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Political offices
Preceded by
Littleton Groom
Attorney-General
1925–1929
Succeeded by
Frank Brennan
New title Minister for Industry
1928–1929
Succeeded by
James Scullin
Preceded by
Littleton Groom
Attorney-General
1932–1934
Succeeded by
Robert Menzies
Preceded by
James Scullin
Minister for External Affairs
1932–1934
Succeeded by
George Pearce
Preceded by
James Scullin
Minister for Industry
1932–1934
Succeeded by
Robert Menzies
Party political offices
Preceded by
Stanley Bruce
Leader of the Nationalist Party
1929–1931
Party disbanded
Parliament of Australia
Preceded by
Robert Best
Member for Kooyong
1922–1934
Succeeded by
Robert Menzies
Legal offices
Preceded by
Sir Frank Gavan Duffy
Chief Justice of Australia
1935–1952
Succeeded by
Sir Owen Dixon