Sir anthony mason biography of william

Australian judge

Sir Anthony Sincere MasonAC KBEGBMKCHonFAIB DistFRSN (born 21 Apr 1925) is an Australian arbitrate who served as the one-ninth Chief Justice of Australia, unimportant person office from 1987 to 1995. He was first appointed put your name down the High Court in 1972, having previously served on rendering Supreme Court of New Southerly Wales.

Early life

Mason was citizen in Sydney on 21 Apr 1925.^[1] He was one game four children born to Eileen (née McArdle) and Frank Maxwell Histrion. His father, a World Hostilities I veteran and Military Cantankerous recipient, was a registered surveyor who developed a substantial custom on the North Shore be alarmed about Sydney.

He served terms although president of the New Southernmost Wales bodies for surveying lecturer town planning.^[2]

Mason received his mistimed education at Kincoppal, Elizabeth Call, where he was an fellowship of future federal attorney-general Break Hughes.^[3] He went on wide attend Sydney Grammar School with became interested in law raid his uncle Harold Mason, adroit prominent Sydney barrister who served briefly in state parliament.^[1] mother had also intended recognized become a barrister from spick young age.^[4] Mason's father divorced his mother in 1936, try the grounds she had booked in "habitual drunkenness and disregard of domestic duties".^[5][6] His dad later remarried to Elvira Exclaim "Bobbie" Wood.^[2]

Mason enlisted in high-mindedness Royal Australian Air Force (RAAF) in January 1944 as cosmic aircraftman (AC2).

He was authorised as a flying officer engage November 1944 and undertook ritual in Canada as a hearty, logging over 100 hours organize Avro Ansons.^[7] He was quit in September 1945, at which time he was stationed nail the 2nd Aircrew Graduate Way School in Calgary.^[8]

After leaving nobleness military, Mason enrolled at significance University of Sydney to burn the midnight oil arts and law, graduating rule first-class honours.^[1] He later follow Julius Stone as an wholesale lecturer and credited John Geologist with inspiring his interest undecorated constitutional law.^[4] He served emperor articles of clerkship with Clayton Utz in Sydney and was also an associate to King Roper, a judge of prestige Supreme Court of New Southerly Wales.^[1]

Legal career

Mason was admitted happening the New South Wales Strip.

For five years he lectured in law at the Medical centre of Sydney, his students plus three future High Court Justices, Mary Gaudron, William Gummow topmost Dyson Heydon. In November 1964, aged 39, Mason was proclaimed as the new Solicitor-General tactic Australia, with an accompanying blind date as Queen's Counsel (QC). Illegal was the first person make something go with a swing serve as solicitor-general in organized standalone capacity, as the labour had previously been held spawn the secretary of the Attorney-General's Department.^[9] In 1966 he exposed opposite future High Court fellowworker William Deane, successfully arguing depart the Judicial Committee of say publicly Privy Council should reject titanic appeal from the High Pursue case of R v Anderson; Ex parte IPEC-Air Pty Ltd.^[10] He served until 1969 extremity during this time contributed desperately to the development of high-mindedness Commonwealth's administrative law system.

Judicial career

In 1969, Mason was completed a judge of the Principal Court of New South Principality, where he sat as clean member of the Court pick up the check Appeal. In the same period he was appointed by integrity Gorton government to a three-year term on the council simulated the Australian National University.^[11] Noteworthy served on the Supreme Tedious until 1972, when he was appointed to the bench confront the High Court of Australia^[12] and received a knighthood (KBE).

After fifteen years on blue blood the gentry High Court, and following illustriousness retirement of Sir Harry Chemist, in 1987 Mason was fitted Chief Justice; he retired stuff 1995 on reaching the constitutionally mandatory retirement age of 70.

Mason had a significant cogency over the High Court.

In the early stages a conservative judge, his occupancy as Chief Justice can eke out an existence seen as the high-water imprint of the movement away unapproachable the "strict legalism" which defined the High Court under Sir Owen Dixon. Mason was auxiliary flexible in his attitude industrial action precedent than many other book, viewing it more as elegant policy for consistency than thrust which would strictly coerce title constrain his decisions.

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

No provision of the Constitution has been the source of preferable judicial concern or the dealings of greater judicial effort pat s.92. That notwithstanding, judicial exposition of the section has lost neither clarity of meaning dim certainty of operation.

Over decency years the Court has stirred uneasily between one interpretation folk tale another in its endeavours give up solve the problems thrown widen by the necessity to put into operation the very general language be fooled by the section to a encyclopedic variety of legislative and plain situations. Indeed, these shifts possess been such as to construct it difficult to speak confess the section as having done a settled or accepted clarification at any time since confederation.

The interpretation which came following to achieving that degree objection acceptance was that embodying significance criterion of operation formula which we shall subsequently examine constant worry some detail. That formula arrived to have the advantage notice certainty, but that advantage real to be illusory. Its defect was that it was heed only with the formal put back into working order of an impugned law mushroom ignored its real or lay effect.

For the first time, depiction Constitution was interpreted with systematized reference to records of excellence constitutional conventions of the Decade in which the text tactic the Constitution had been transnational (a good edition of illustriousness records had recently appeared).

Loftiness Court also examined not lone the "legal" operation of wonderful 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 impressionable and the Court soon independent in attempts to apply distinction criterion of practical operation cause problems more complex facts: Bath proper 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 character of reasons, that retrospective battle crimes legislation applying to rumour in Europe during World Battle II was a valid operate of the external affairs ambiguity, Constitution section 51(xxix), and was consistent with the judicial self-government of the Commonwealth, Constitution gain III.
• Mabo v Queensland (No.2) (1992): the colonialist doctrine of terra nullius was superseded by enforcing "native title" into Australian handle roughly.

  The decision provoked allegations noise "judicial activism", but was betimes given statutory form in depiction Native Title Act 1993 (Cth).

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

  The Mason Court continued that development until 1994, but bin was not to receive agreeing support on the Court till such time as after Mason's departure, in Lange v Australian Broadcasting Corporation (1997). This freedom was considered oratory bombast be implicit in Constitution sections 7 and 24, which replace that the Commonwealth Parliament shall be "directly chosen by glory people".

  However, the Court has remained reluctant to find new-found implied freedoms. It has besides continued to understand such simple "freedom" as a limitation plow into legislative power and not, equal finish least directly, a personal degree or right.^[13]

• Dietrich v The Queen (1992): an accused is elite to publicly funded legal portrayal where that is necessary draw near a fair trial (Mason halfway the majority).
• Minister for Immigration dispatch Ethnic Affairs v Teoh (1995):^[14] the high point in Country of the idea of "legitimate expectation", which Mason favoured even supposing in this and other cases other members of the Respect criticised it for illogicality build up fictionality.

  The decision provoked blasй ministerial objections, but bills tell the difference reverse the precedent failed leash times with the calling disbursement a general election. The Stare at has since considerably reduced significance scope of the idea.^[15]

After shrinking from the High Court, instructions 1997 Mason was appointed sharpen of the Non-Permanent Judges sell the Hong Kong Court forestall Final Appeal, a position drift he held until 2015.^[16] Significant was also President of birth Court of Appeal of loftiness Solomon Islands and was wonderful judge on the Supreme Importune of Fiji.^[17]

In addition to those judicial roles, from 1994 wrest 1999 Mason served as First of the University of Newborn South Wales.^[18] From 1996 count up 1997, he was a academic of legal science at ethics University of Cambridge and served as Chairman of the Local Library of Australia Council propagate 1995 to 1998.^[19][20] He psychiatry also a visiting fellow handy the Faculty of Law invective the Australian National University.

Role in the dismissal of Landmark 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, stay away from warning, handed him a assassinate dismissing him from office, gather with his ministers.

Kerr's 1978 autobiography mentions that he abstruse discussed that possibility with Histrion but gives no detail.^{[citation needed]}

In 2012, statements in some search out Kerr's papers, released by nobility National Archives following a beseech by Professor Jenny Hocking, were given publicity in her history, Gough Whitlam: His Time.

Kerr confirms that, in 1975, Journeyman had advised him on like it the Constitution allows a Governor-General to dismiss a Prime Way who is unable to get your hands on supply. Kerr claims that Stonemason, as well as Chief Sin against Sir Garfield Barwick, had pick up him that there is specified power and that he difficult followed that advice.^{[citation needed]}

In retort, on 27 August 2012, Craftsman published his own account focal point major newspapers.^[21][22]

Mason's account challenges rendering accuracy and completeness of Kerr's account in several respects, nevertheless most importantly on his forewarning regarding power to dismiss tidy Prime Minister.

He confirms wander, as early as August 1975, he had advised Kerr, by reason of a "close friend", that glory Governor-General does have such whitewash. He confirms, as Kerr's reminiscences annals stated (although Kerr's papers yield a different impression), that take steps had only advised Kerr deliberation the available courses of charisma and had not advised him to pursue the course draw round dismissal.^[21]

Mason also stresses that explicit had warned Kerr on various occasions, and as late on account of 9 November 1975, that rank Governor-General could exercise that last only after notifying the First Minister that he would hullabaloo so if the Prime Revivalist did not agree to period of office a general election.

On 19 November, Mason says, he of one\'s own free will Kerr to ensure that culminate papers contained that warning, however Kerr did not do so.^[21]

However, on 11 November 1975, Kerr dismissed Whitlam summarily.

Difficult Kerr notified Whitlam of consummate intention, Whitlam could pre-empted sovereign dismissal by advising the King to dismiss Kerr. Mason confirms that Kerr was well rise of the danger of what Kerr referred to as skilful "race to the Palace". Surely, Mason says, Kerr had said him that Whitlam had formerly raised with him the right lane of such a situation.^[21]

Mason recounts that, in August, or in a minute after in 1975, Kerr confidential been told by a partaker of the Prime Minister's segment that Whitlam was of probity view that, if Kerr were to indicate that he strength dismiss Whitlam, Whitlam would display the Queen to dismiss Kerr.

Mason states that, at Kerr's request, on 9 November sand drafted a letter dismissing Whitlam,^[23] although without consulting him mint a "very different" text was used.^[21]

Mason says that he challenging declined to provide Kerr investigate written advice on his reason, particularly because it would carbon copy inappropriate for a Justice another the High Court to spat so without consulting the Eminent Justice.

However, at Kerr's petition, Chief Justice Barwick did replenish written advice, which was delay he did have power compute dismiss a Prime Minister who could not obtain supply take was unwilling to either go or agree to a accepted election.^[21]

Mason states that he old saying that advice and expressed bulky agreement with it.

He says that, when Kerr asked him whether, if the matter came to the High Court, Barwick should sit, he had alleged that he did not comprehend. He says that Kerr outspoken not ask him what climax own position would be school in that event. But he recalls that he had thought gang unlikely that the matter would come to the High Monotonous, which had also been Barwick's advice to Kerr.^[21]

Mason's statement ends:

Despite my disagreement with Sir John’s account of events leading his decision not to orm the prime minister, I have another look at that Sir John was subjected to unjustified vilification for foundation the decision which he obligated.

I consider and have uniformly considered that Sir John not with it consistently with his duty excluding in so far as subside had a duty to draw somebody's attention to the prime minister of circlet intended action and he outspoken not do so.^[21]

Honours

• Commander of decency Order of the British Imperium (CBE), 1969 Queen's Birthday Honours^[24]
• Knight Commander of the Order signal the British Empire (KBE), 22 September 1972^[25]
• Companion of the In sequence of Australia (AC), 1988 Continent Day Honours^[26]
• Centenary Medal, 1 Jan 2001^[27]
• Grand Bauhinia Medal (GBM), 1 July 2013^[28]
• Honorary doctorates in management from ANU, Deakin, Griffith, Town, Monash, Sydney, Hong Kong, Metropolis and UNSW universities.
• Invested as fraudster Honorary Fellow (HonFAIB) of character Australian Institute of Building (AIB), by the Honourable Sir Prick Cosgrove AK MC( Retd) Guide General of Australia and righteousness AIB's National President adjunct University lecturer Paul Heather AM FAIB FRSN November 2017 at Western Sydney University in the presence scholarship the Chancellor Professor Peter Shergold AC FRSN.
• In 2018 elected kind a Fellow of the Princely Society of New South Wales
• In 2019 inducted as a Illustrious Fellow of the Royal Group of people of New South Wales
• Elected Strength Fellow of the Australian School of Law.^[29]

References

Further reading

• Mason, Anthony (2007). Geoffrey Lindell (ed.). The Stonemason Papers: Selected Articles and Speeches by Sir Anthony Mason.

  Leichhardt, NSW: Federation P. ISBN .

• Pierce, Jason L. (2006). Inside the Artisan Court Revolution: the High Regard of Australia Transformed. Durham, NC: Carolina Academic P. ISBN .

External links