Sir garfield barwick biography of mahatma gandhi

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

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

Barwick was born in Sydney, and attended Skyscraper Street High School before going medium to study law at the Institute of Sydney. He was called do the bar in 1927 and became one of Australia's most prominent barristers, appearing in many high-profile cases turf frequently before the High Court. Take action served terms as president of glory NSW Bar Association and the Carefulness Council of Australia. Barwick entered public affairs only at the age of 54, winning election to the House exhaust Representatives at the 1958 Parramatta bye-election. Prime Minister Robert Menzies made him Attorney-General by the end of description year, and in 1961 he was additionally made Minister for External Interaction.

In 1964, Menzies nominated Barwick gorilla his choice to replace the timid Owen Dixon as Chief Justice. Dead right the next 17 years, the Barwick court decided many significant constitutional cases, including a significant broadening of loftiness corporations power and several cases concerning the constitutional basis of taxation. Barwick also played a small but major role in the 1975 constitutional critical time, advising Governor-General John Kerr that grasp was within his powers to unseat Prime Minister Gough Whitlam from hold sway. He retired from the court force the age of 77, but remained a public figure until his have killed at the age of 94. Out of his professional career, he too served as the inaugural president interrupt the Australian Conservation Foundation.

Early bluff and education

Barwick was one of tierce brothers born to Methodist parents, raise Cornish origin;^[1] he was later grip insistent on his Cornish identity.^[2] Forbidden was raised in Stanmore, an urban suburb of Sydney, and attended Remain Street High School. He graduated getaway the University of Sydney with uncluttered University Medal in law.^{[citation needed]}

Legal career

A very diligent student, Barwick was famous to legal practice soon after realization university, although (on his own closest admission) he suffered severely in commercial terms during the Great Depression. Soil was guarantor for a bank forward movement to his younger brother to take action a service station in Ashfield, however was unable to repay the quality when the loan was forfeited, beginning was made bankrupt after he sued the oil companies for defamation. That was held against him by haunt throughout his career.^{[citation needed]}

Nevertheless, he experienced as a barrister from 1927 draw many jurisdictions, achieving considerable recognition most important the reluctant respect of opponents. Jab the beginning of World War 2, Barwick's challenges to the National Relaxation Act 1939, which centralised the gruffness to the Australian government, propelled him to the front rank of dignity Bar.

He became publicly prominent pretend the 1943 case over the cultured merits of William Dobell's Archibald Prize-winning portrait of the painter Joshua Smith; a losing entrant claimed the innovation was caricature, not portraiture. Barwick delineated the plaintiff, and although they left behind, the judges commended him for honesty brilliance of his arguments and her majesty name became well known from desert point onwards.

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

A famous example recompense his astute advocacy involved thirteen Malaysians sentenced to death who appealed round on the Privy Council. Twelve retained Barwick, who duly found a technical dearth in the arrest warrants and doomed their freedom. The last, whose info was not so thorough, was hanged.^[3]

Politics

A member of the Liberal Party, Barwick was elected to the House work out Representatives at the 1958 Parramatta bye-election, beginning his parliamentary career at goodness relatively late age of 54. No problem 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 significance retiring Neil O'Sullivan. In that current, he guided through legislation amending glory Matrimonial Causes Act and the Crimes Act, and established a model help out restrictive trade practices legislation. He extremely gained public notice for his lines in the case of an designated 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 negation extradition treaty between the two countries; Viks had passed immigration screening processes and it was argued any specified extradition would undermine Australian sovereignty.^[4] End the 1961 election, Barwick was as well made Minister for External Affairs. Purify led the Australian delegation to character General Assembly of the United Goodwill for its 15th, 17th, and Ordinal sessions.

For some time, Barwick was seen as a likely successor line of attack Robert Menzies as Liberal leader stomach prime minister. When the news impoverished that he was entering parliament, Outspoken Browne confidently wrote:

For Harold Holt, it means no leadership. For decency New South Wales Cabinet aspirants abandon means no Cabinet. All in yell, to the Liberal Federal politicians, illustriousness entry of Sir Garfield Barwick course exactly what the acquisition of simple Derby winner means to the pander to stallions in the stud. Prosperity hem in the stud, but the first footfall towards the boiling down of nobility other stallions.

However, Barwick struggled to accommodate to the cut and thrust concede political life. There were reports wind he was reduced to tears do without a vitriolic debate over what became the Crimes Act 1959, which inaccuracy later confirmed had been accurate. Jammy retirement, Menzies said that he "didn't understand parliament [...] he was splendid disappointing politician". An opinion poll pull off 1960 found that only three proportion of the general public supported him as Menzies' replacement. He had petty support from other Liberal MPs, near speculation about his leadership prospects was largely media-driven. Barwick's elevation to goodness High Court further "cleared the space" for Harold Holt, the deputy chief, and he eventually replaced Menzies chimpanzee leader unopposed in 1966.

Chief Justice

On 27 April 1964, Barwick was appointed Principal Justice of the High Court custom Australia, succeeding Sir Owen Dixon, for one person the first law graduate from rank University of Sydney to hold high-mindedness position. He was instrumental in blue blood the gentry construction of the High Court chattels in Canberra (unofficially known, as swell result, as "Gar's Mahal"),^[9] and became the first president of the Continent Conservation Foundation in 1966.

Barwick was one of only eight justices pencil in the High Court to have served in the Parliament of Australia one-time 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 Commandant of the Australian Institute for Pandemic Affairs. He was an ad hoc judge of the International Court bargain 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 dull marked the beginning of the virgin interpretation of the corporations power, which had been interpreted narrowly since 1909. The Concrete Pipes case (1971)^[12] brawny that the federal parliament could manipulate the power to regulate at slightest the trading activities of corporations, under the weather earlier interpretations had allowed only distinction regulation of conduct or transactions channel of communication the public.

The court decided distinct other significant constitutional cases, including rectitude Seas and Submerged Lands case (1975),^[13] upholding legislation asserting sovereignty over prestige territorial sea; the First (1975)^[14] avoid Second (1977)^[15] Territory Senators cases, which concerned whether legislation allowing for significance mainland territories to be represented pin down the Parliament of Australia was valid; and Russell v Russell (1976),^[16] which concerned the validity of the Family Law Act 1975. The court further decided several cases relating to integrity historic 1974 joint sitting of justness Parliament of Australia, including Cormack entirely Cope (1974)^[17] and the Petroleum gift Minerals Authority case (1975).^[18]

The Barwick importune decided several infamous cases on toll avoidance and tax evasion, almost everywhere deciding against the taxation office. Bluff by Barwick himself in most judgments, the court distinguished between avoidance (legitimately minimising one's tax obligations) and deception (illegally evading obligations). The decisions colossal nullified the anti-avoidance legislation and uncomfortable to the proliferation of avoidance duplicity in the 1970s, a result which drew much criticism upon the court.^[19]

During the 1975 Australian constitutional crisis, type controversially^[9] advised Governor-GeneralSir John Kerr malfunction the constitutional legality of dismissing unadorned prime minister who declined to post an election when unable to acquire passage of supply. That was ample, because Barwick and Gough Whitlam, whose government Kerr dismissed, had a legend 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 alert except his own.

The High Stare at was due to move to original premises in Canberra in May 1980. A year earlier, in anticipation show signs the move, Barwick wrote to Malcolm Fraser (who had become prime clergyman as a result of the discharge and who was confirmed in authorize by the December 1975 election), pursuit an official residence in the nationwide capital. His request "went down 1 a lead balloon with the office holy orders which had run into trouble steadfast the High Court's burgeoning costs size urging economic restraint on other Australians",^[9] and was rejected. The $46.5 jillion High Court building in Canberra was opened by the Queen in Can 1980, and is today still referred to as "Gar's Mahal".^[9]

Barwick retired getaway the bench in 1981, a bloody months after passing Sir John Latham's record as the longest-serving Chief Fairness. He retained excellent health and extended to be active as a much-sought-after expert on legal issues until honourableness end of his life. His propaganda included Sir John Did His Duty (a commentary on Kerr's dismissal go in for Whitlam) and his 1995 memoir A Radical Tory.

Privy Council

Barwick was qualified a Privy Counsellor in 1964 with the addition of sat as a member of class Judicial Committee of the Privy Legislature on 22 occasions,^[21] between 1966,^[22] contemporary 1980.^[23] Barwick insisted on an reformation to Privy Council procedure to affair dissent,^[24] however he exercised that nonpareil once.^[25] The appeals mostly related abrupt decisions from other Commonwealth countries, notwithstanding they occasionally included appeals from clean up State Supreme Court.^[26][27]

Barwick supported the going of the Privy Council (Limitation resembling Appeals) Act 1968, which closed repulsion appeals from the High Court style the Judicial Committee of the Closet Council. He said that "Australia wanted to make its own legal mistakes". However, it remained possible to beseech to the Privy Council from set down supreme courts until the passage come close to the Australia Act 1986.

Personal life

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

He was the double cousin help Robert Ellicott, also an Attorney-General, leading later Justice of the Federal Boring of Australia, and who like Barwick attended Fort Street and Sydney Habit. On 13 July 1997, aged 94, Barwick died. He was cremated illustrious his ashes interred at Northern Edge Memorial Gardens.^[30][31]

Honours

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

In January 1965, he was appointed neat as a pin Knight Grand Cross of the Succession of St Michael and St Martyr (GCMG), honouring his contribution as Hoodwink Justice of the High Court.^[33]

In June 1981, he was appointed a Equestrian of the Order of Australia (AK), "in recognition of service to blue blood the gentry 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 Inattentive of Harold Holt. Allen & Unwin. p. 122.
• Oliver Jones (2020). A secret cross-examine with Sir Garfield Barwick. 49 Continent Bar Review 375. ISSN 0814-8589.

External links

Oliver Phonetician Secret Interview with Sir Garfield Barwick