Garfield Barwick

Infobox President
honorific-prefix = The Right Honourable
name = Sir Garfield Barwick
honorific-suffix =
AK, GCMG


order = 7th
office = Chief Justice of Australia
term_start = 27 April, 1964
term_end = 11 February, 1981
appointer = Sir Robert Menzies
predecessor = Sir Owen Dixon
successor = Sir Harry Gibbs
birth_date = 22 June, 1903
birth_place = Flagicon|AUS Sydney, New South Wales, Australia
death_date = 14 July, 1997
death_place = Sydney

Sir Garfield Edward John Barwick AK GCMG (22 June, 1903 – 14 July, 1997) was the Attorney-General of Australia (1958-61), Minister for External Affairs (1961-64) and the seventh and longest serving Chief Justice of Australia (1964-81). He was appointed a judge of the International Court of Justice (1973-74) [ [http://www.hcourt.gov.au/justices_02.html High Court of Australia] ]

Career

Barwick was born in Sydney, New South Wales, and attended Fort Street High School. He graduated from the University of Sydney with the University Medal in law. His Methodist family was of modest means. A good student, he studied law and was admitted to practice although, on his own later admission, he suffered severely in financial terms during the Great Depression. He failed to repay a cousin's loan from a bank which he had guaranteed and was made bankrupt. This was held against him by many throughout his career. Nevertheless, he practised as a barrister in many jurisdictions, achieving considerable recognition. He was briefed in many of Australia's defining constitutional cases (e.g., the Airlines case, the Bank Nationalisation case). He was knighted in 1953.

A famous example of his astute advocacy involved thirteen Malaysians sentenced to death who appealed to the Privy Council. Twelve retained Barwick who duly found a technical deficiency in the arrest warrants and secured their freedom. The last, whose counsel was not so thorough, was executed [The International and Comparative Law Quarterly, Vol. 17, No. 3 (Jul., 1968), pp. 782-783] .

Barwick was elected to the House of Representatives as the Liberal member for Parramatta at a by-election on 8 March, 1958, and re-elected in the general elections of 1958, 1961 and 1963.

During his period in parliament he served as Attorney-General and Minister for External Affairs. As Attorney-General he promoted acts amending the "Matrimonial Causes Act" and the "Crimes Act". He established a model for restrictive trade practices legislation. He led the Australian delegation to the General Assembly of the United Nations for its 15th, 17th and 18th sessions.

On 27 April, 1964, he was appointed Chief Justice of the High Court of Australia. He was the first law graduate from the University of Sydney to become Chief Justice. He was instrumental in the construction of the High Court building in Canberra. He was appointed the first president of the Australian Conservation Foundation in 1966.

During the 1975 Australian constitutional crisis, he controversially advised Governor-General Sir John Kerr on the constitutional legality of dismissing a prime minister who declined to advise an election when unable to obtain passage of supply. He retired from the bench in 1981.

Honours

In June 1953, he was made a Knight Bachelor, "in recognition of service to the Public service". [ [http://www.itsanhonour.gov.au/honours/honour_roll/search.cfm?aus_award_id=1083329&search_type=advanced&showInd=true It’s an Honour: Knight bachelor] ]

In 1964 he was appointed a Privy Counsellor.

In January 1965 he was appointed a Knight Grand Cross of the Order of St Michael and St George (GCMG), honouring his contribution as Chief Justice of the High Court. [ [http://www.itsanhonour.gov.au/honours/honour_roll/search.cfm?aus_award_id=1073794&search_type=advanced&showInd=true It’s an Honour: GCMG] ]

In June 1981 he was appointed a Knight of the Order of Australia (AK), "in recognition of service to the Australian Parliament, government and the law". [ [http://www.itsanhonour.gov.au/honours/honour_roll/search.cfm?aus_award_id=882277&search_type=advanced&showInd=true It’s an Honour: AK] ]

References

Bibliography

* "A Radical Tory: Garfield Barwick's Reflections and recollections", Federation Press, Sydney, 1995, ISBN 1-86287-236-8.
* "Barwick", Marr D., 2nd Ed, ISBN 1-74114-720-4

ee also

*Constitution of Australia
*Australian constitutional crisis of 1975

External links

* [http://www.ag.gov.au/agd/WWW/attorneygeneralHome.nsf/Page/Media_Releases_1997_July_1997_Sir_Garfield_Barwick Attorney-General’s Department (Commonwealth of Australia) Sir Garfield Barwick]