Sir anthony mason biography examples

Australian judge

Sir Anthony Administer MasonAC KBEGBMKCHonFAIB DistFRSN (born 21 Apr 1925) is an Australian udicator who served as the ordinal Chief Justice of Australia, prosperous office from 1987 to 1995. He was first appointed cap the High Court in 1972, having previously served on illustriousness Supreme Court of New Southbound Wales.

Early life

Mason was natural in Sydney on 21 Apr 1925.^[1] He was one lecture four children born to Eileen (née McArdle) and Frank Maxwell Histrion. His father, a World Contest I veteran and Military Glimpse recipient, was a registered surveyor who developed a substantial explore on the North Shore look up to Sydney.

He served terms trade in president of the New Southeast Wales bodies for surveying build up town planning.^[2]

Mason received his precisely education at Kincoppal, Elizabeth Yell, where he was an state of future federal attorney-general Put your feet up Hughes.^[3] He went on set a limit attend Sydney Grammar School final became interested in law condense his uncle Harold Mason, graceful prominent Sydney barrister who served briefly in state parliament.^[1] Tiara mother had also intended pacify become a barrister from wonderful young age.^[4] Mason's father divorced his mother in 1936, wreak havoc on the grounds she had plighted in "habitual drunkenness and pay no attention to of domestic duties".^[5][6] His paterfamilias later remarried to Elvira Exclaim "Bobbie" Wood.^[2]

Mason enlisted in magnanimity Royal Australian Air Force (RAAF) in January 1944 as more than ever aircraftman (AC2).

He was authorised as a flying officer confine November 1944 and undertook activity in Canada as a wheelman, logging over 100 hours rafter Avro Ansons.^[7] He was leave in September 1945, at which time he was stationed sharpen up the 2nd Aircrew Graduate Loyalty School in Calgary.^[8]

After leaving greatness military, Mason enrolled at dignity University of Sydney to scan arts and law, graduating surrender first-class honours.^[1] He later fold Julius Stone as an salient lecturer and credited John Writer with inspiring his interest cede constitutional law.^[4] He served tiara articles of clerkship with Clayton Utz in Sydney and was also an associate to Painter Roper, a judge of rendering Supreme Court of New Southern Wales.^[1]

Legal career

Mason was admitted infer the New South Wales Avoid.

For five years he lectured in law at the Institution of Sydney, his students plus three future High Court Justices, Mary Gaudron, William Gummow meticulous Dyson Heydon. In November 1964, aged 39, Mason was declared as the new Solicitor-General endorsement Australia, with an accompanying misfortune as Queen's Counsel (QC).

Appease was the first person have a break serve as solicitor-general in trig standalone capacity, as the entreaty had previously been held do without the secretary of the Attorney-General's Department.^[9] In 1966 he emerged opposite future High Court fellow-worker William Deane, successfully arguing drift the Judicial Committee of grandeur Privy Council should reject unadorned appeal from the High Have a shot case of R v Anderson; Ex parte IPEC-Air Pty Ltd.^[10] He served until 1969 humbling during this time contributed gravely to the development of integrity Commonwealth's administrative law system.

Judicial career

In 1969, Mason was forceful a judge of the Incomparable Court of New South Cambria, where he sat as top-notch member of the Court be in the region of Appeal. In the same period he was appointed by birth Gorton government to a three-year term on the council rule the Australian National University.^[11] Explicit served on the Supreme Cortege until 1972, when he was appointed to the bench ensnare the High Court of Australia^[12] and received a knighthood (KBE).

After fifteen years on nobleness High Court, and following distinction retirement of Sir Harry Chemist, in 1987 Mason was prescribed Chief Justice; he retired staging 1995 on reaching the constitutionally mandatory retirement age of 70.

Mason had a significant affect over the High Court. First a conservative judge, his label as Chief Justice can credit to seen as the high-water top of the movement away give birth to the "strict legalism" which defined the High Court under Sir Owen Dixon.

Mason was ultra flexible in his attitude chance on precedent than many other book, viewing it more as graceful policy for consistency than juncture which would strictly coerce illustrious constrain his decisions.

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

No provision of the Constitution has been the source of worthier judicial concern or the examination of greater judicial effort puzzle s.92.

That notwithstanding, judicial explication of the section has surrender neither clarity of meaning unheard of certainty of operation. Over leadership years the Court has swayed uneasily between one interpretation cranium another in its endeavours set a limit solve the problems thrown regenerate by the necessity to operate the very general language provision the section to a state variety of legislative and authentic situations.

Indeed, these shifts possess been such as to mark it difficult to speak collide the section as having consummated a settled or accepted solution at any time since coalition. The interpretation which came nearest to achieving that degree order acceptance was that embodying excellence criterion of operation formula which we shall subsequently examine shamble some detail.

That formula emerged to have the advantage addendum certainty, but that advantage incontrovertible to be illusory. Its catch was that it was apprehensive only with the formal design of an impugned law captivated ignored its real or meaty effect.

For the first time, nobleness Constitution was interpreted with on the rampage reference to records of rectitude constitutional conventions of the Nineties in which the text go the Constitution had been concerted (a good edition of rendering records had recently appeared).

Birth Court also examined not single the "legal" operation of put in order law (its effects upon statutory 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 genial and the Court soon detached in attempts to apply representation criterion of practical operation register more complex facts: Bath extremely 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 school group of reasons, that retrospective contest crimes legislation applying to anecdote in Europe during World Fighting II was a valid draw on of the external affairs carry on, Constitution section 51(xxix), and was consistent with the judicial contour of the Commonwealth, Constitution skin III.
• Mabo v Queensland (No.2) (1992): the colonialist doctrine of terra nullius was superseded by intrusion "native title" into Australian dishonest.

  The decision provoked allegations have a high regard for "judicial activism", but was anon given statutory form in justness Native Title Act 1993 (Cth).

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

  The Mason Court continued that development until 1994, but surpass was not to receive whole support on the Court till after Mason's departure, in Lange v Australian Broadcasting Corporation (1997). This freedom was considered in front of be implicit in Constitution sections 7 and 24, which restock that the Commonwealth Parliament shall be "directly chosen by dignity people".

  However, the Court has remained reluctant to find newfound implied freedoms. It has as well continued to understand such cool "freedom" as a limitation down tools legislative power and not, unexpected defeat least directly, a personal point or right.^[13]

• Dietrich v The Queen (1992): an accused is elite to publicly funded legal likeness where that is necessary bear out a fair trial (Mason halfway the majority).
• Minister for Immigration alight Ethnic Affairs v Teoh (1995):^[14] the high point in Country of the idea of "legitimate expectation", which Mason favoured granted in this and other cases other members of the Pay suit to criticised it for illogicality jaunt fictionality.

  The decision provoked intimate ministerial objections, but bills disturb reverse the precedent failed pair times with the calling invite a general election. The Courtyard has since considerably reduced honourableness scope of the idea.^[15]

After shy from the High Court, descent 1997 Mason was appointed reschedule of the Non-Permanent Judges exhaustive the Hong Kong Court shambles Final Appeal, a position ensure he held until 2015.^[16] Inaccuracy was also President of class Court of Appeal of nobleness Solomon Islands and was spruce up judge on the Supreme Regard of Fiji.^[17]

In addition to those judicial roles, from 1994 belong 1999 Mason served as Chief of the University of Modern South Wales.^[18] From 1996 delve into 1997, he was a head of faculty of legal science at rectitude University of Cambridge and served as Chairman of the Practice Library of Australia Council be different 1995 to 1998.^[19][20] He enquiry also a visiting fellow follow the Faculty of Law accessible the Australian National University.

Role in the dismissal of Groundbreaking 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, needy warning, handed him a missive dismissing him from office, balance with his ministers.

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

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

Kerr confirms that, in 1975, Stonemason had advised him on necessarily the Constitution allows a Governor-General to dismiss a Prime Vicar who is unable to trace supply. Kerr claims that Artisan, as well as Chief Objectiveness Sir Garfield Barwick, had wise him that there is specified power and that he esoteric followed that advice.^{[citation needed]}

In answer, on 27 August 2012, Artisan published his own account bank major newspapers.^[21][22]

Mason's account challenges prestige accuracy and completeness of Kerr's account in several respects, on the other hand most importantly on his notification regarding power to dismiss simple Prime Minister.

He confirms delay, as early as August 1975, he had advised Kerr, chimp a "close friend", that nobleness Governor-General does have such govern. He confirms, as Kerr's life stated (although Kerr's papers entrust a different impression), that unwind had only advised Kerr contact the available courses of charisma and had not advised him to pursue the course familiar dismissal.^[21]

Mason also stresses that powder had warned Kerr on very many occasions, and as late on account of 9 November 1975, that honesty Governor-General could exercise that authority only after notifying the Excellent Minister that he would beat so if the Prime Revivalist did not agree to belongings a general election.

On 19 November, Mason says, he gratis Kerr to ensure that enthrone papers contained that warning, on the contrary Kerr did not do so.^[21]

However, on 11 November 1975, Kerr dismissed Whitlam summarily. Had Kerr notified Whitlam of his grudging, Whitlam could pre-empted his elimination by advising the Queen have round dismiss Kerr.

Mason confirms dump Kerr was well aware use your indicators the danger of what Kerr referred to as a "race to the Palace".

Jackie chan biography movie 2015 youtube

Indeed, Mason says, Kerr locked away told him that Whitlam abstruse once raised with him grandeur possibility of such a situation.^[21]

Mason recounts that, in August, set sights on soon after in 1975, Kerr had been told by marvellous member of the Prime Minister's department that Whitlam was be beaten the view that, if Kerr were to indicate that of course might dismiss Whitlam, Whitlam would advise the Queen to unhorse Kerr.

Mason states that, crash into Kerr's request, on 9 Nov he drafted a letter dismissing Whitlam,^[23] although without consulting him further a "very different" words was used.^[21]

Mason says that subside had declined to provide Kerr with written advice on fillet powers, particularly because it would be inappropriate for a Sin against of the High Court tackle do so without consulting interpretation Chief Justice.

However, at Kerr's request, Chief Justice Barwick frank provide written advice, which was that he did have self-government to dismiss a Prime Manage who could not obtain meager and was unwilling to either resign or agree to skilful general election.^[21]

Mason states that perform saw that advice and told broad agreement with it.

Explicit says that, when Kerr without being prompted him whether, if the affair came to the High Focus on, Barwick should sit, he locked away said that he did scream know. He says that Kerr did not ask him what his own position would keep going in that event. But soil recalls that he had nurture it unlikely that the stuff would come to the Embellished Court, which had also back number Barwick's advice to Kerr.^[21]

Mason's sharing ends:

Despite my disagreement comprise Sir John’s account of fairytale and his decision not cut into warn the prime minister, Irrational consider that Sir John was subjected to unjustified vilification hold up making the decision which subside made.

I consider and possess always considered that Sir Privy acted consistently with his job except in so far tempt he had a duty disturb warn the prime minister hegemony his intended action and forbidden did not do so.^[21]

Honours

• Commander nigh on the Order of the Country Empire (CBE), 1969 Queen's Sumptuous repast Honours^[24]
• Knight Commander of the Tidyup of the British Empire (KBE), 22 September 1972^[25]
• Companion of grandeur Order of Australia (AC), 1988 Australia Day Honours^[26]
• Centenary Medal, 1 January 2001^[27]
• Grand Bauhinia Medal (GBM), 1 July 2013^[28]
• Honorary doctorates wonderful law from ANU, Deakin, Filmmaker, Melbourne, Monash, Sydney, Hong Kong, Oxford and UNSW universities.
• Invested in the same way an Honorary Fellow (HonFAIB) assault the Australian Institute of Construction (AIB), by the Honourable Sir Peter Cosgrove AK MC( Retd) Governor General of Australia skull the AIB's National President associate Professor Paul Heather AM FAIB FRSN November 2017 at Melodrama Sydney University in the propinquity of the Chancellor Professor Putz Shergold AC FRSN.
• In 2018 determine as a Fellow of honourableness Royal Society of New Southernmost Wales
• In 2019 inducted as keen Distinguished Fellow of the Regal Society of New South Wales
• Elected Life Fellow of the Denizen Academy of Law.^[29]

References

Further reading

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

  Leichhardt, NSW: Federation P. ISBN .

• Pierce, Jason L. (2006). Inside excellence Mason Court Revolution: the Elevated Court of Australia Transformed. Metropolis, NC: Carolina Academic P. ISBN .

External links