Wilfred Fullagar

Infobox Judge
name = Sir Wilfred Fullagar


caption =
order =
office = Puisne Justice of the High Court of Australia
term_start = 8 February 1950
term_end = 9 July 1961
appointer = Robert Menzies
predecessor = Sir Hayden Starke
successor = Sir William Owen
birth_date = 16 November 1892
birth_place = Malvern, Victoria, Australia
death_date = 9 July 1961
death_place =

Sir Wilfred Kelsham Fullagar, KBE, KC (16 November 1892 – 9 July 1961) was a judge on the High Court of Australia.

Early Life and Studies

Wilfred Kelsham Fullagar was born in Malvern, Melbourne, on 16 November 1892. He was educated at Haileybury College. He studied at the University of Melbourne, where he resided at Ormond College. He graduated from the university with a Master of Arts and Master of Laws, also winning the Supreme Court of Victoria's Prize in Law.

War Service and Early Professional Career

During World War I he served in the 27th Battery, Australian Field Artillery, part of the First Australian Imperial Force, enlisting as a Gunner on 28 October 1916 and retiring as a Sergeant in 1919. In October of that year, he married Marion Lovejoy in London, with whom he would later have five sons (including Richard Fullagar, a future Judge of the Supreme Court of Victoria). After returning to Australia, he was employed by the Government of Australia, first in the Repatriation Department, and then in the Department of Immigration. He was admitted to the Victorian Bar in 1922.

Career as Barrister

Fullagar lectured at the University of Melbourne from 1923 to 1928, in tort and legal procedure. He would later return to lecture from 1943 to 1945 in Australian constitutional law. He made several appearances before the High Court, and in 1932 appeared in three cases argued before the Privy Council, including the inconspicuously named but significant Dried Fruits case, and "Attorney-General (NSW) v Trethowan", the case that considered whether a referendum was necessary to abolish the Legislative Council of New South Wales. Fullagar was junior counsel in those cases to Sir William Jowitt, a future Lord Chancellor, and Sir John Latham, a future Chief Justice of Australia, respectively.

In 1933 he was made a King's Counsel and in 1938 he served as the Vice-President of the Law Council of Australia. In 1942 he was appointed as a director of Argus & Australasian Limited, the company that owned "The Argus" newspaper. Also in that year he remarried, to Mary Taylor, his first wife having died in 1941.

Judicial career

On 1 August 1945 he was made a Judge of the Supreme Court of Victoria. He held that position until his appointment to the High Court on 8 February 1950, when he filled the vacancy left by the resignation of Sir Hayden Starke. Later that year he was made a Knight Commander of the Order of the British Empire. On the High Court, he came to be regarded as one of the greatest Australian judges of his generation. He contributed to the Australian High Court being considered in the 1950s as one of the leading appellate courts in the common law world, and many of his judgments in a variety of areas of law are still regarded as classics. Important cases on which he sat included Jackson v Goldsmith (1950) (where his dissenting judgment set out the law relating to issue estoppel), the Communist Party Dissolution Case (1951), Wilson v Darling Island Stevedoring (1956) (an influential exposition of the exceptions to privity of contract), Williams v Hursey (1959) (a trade union case arising from the ALP/DLP split) and Dennis Hotels v Victoria (1960) (a constitutional case concerning excise duties).

Fullagar sat on the bench of the High Court until his death of a stroke on 9 July 1961. Tributes on his death included the following from then Chief Justice Sir Owen Dixon:

"His learning, the certainty of his grasp of legal principle and the width and profundity of his knowledge of the law are qualities which without more would have assured him a special position not only among his colleagues but among all who are concerned in the work of the law. But it was his fortune to combine a most lovable nature with which won a place in the hearts of all of us with a powerful intelligence, clear and strong, yet at the same time calm and deliberate in its processes."

US Supreme Court Justice Felix Frankfurter (writing to Dixon) said:

"The Times brings me the shocking news of Fullagar's death. ... So close was my professional communion with Fullagar, solely through the printed page, that I feel his death as a personal loss, though I never - to my great regret - laid eyes on him."

References

*
* 103 Commonwealth Law Reports, p iv-v.
* ed. Blackshield & Ors "The Oxford Companion to the High Court of Australia", Oxford University Press, South Melbourne, 2001, pp 288-290. id=ISBN 0-19-554022-0

ee also

* Judiciary of Australia
* High Court of Australia
* List of Judges of the Supreme Court of Victoria
* Victorian Bar Association

External links

* [http://www.supremecourt.vic.gov.au Supreme Court of Victoria Website]