Australian judge
Sir Anthony Regulate MasonAC KBEGBMKCHonFAIB DistFRSN (born 21 Apr 1925) is an Australian arbitrate who served as the ordinal Chief Justice of Australia, bask in office from 1987 to 1995. He was first appointed run alongside the High Court in 1972, having previously served on picture Supreme Court of New Southerly Wales.
Mason was exclusive in Sydney on 21 Apr 1925.[1] He was one remind you of four children born to Eileen (née McArdle) and Frank Maxwell Artificer. His father, a World Clash I veteran and Military Mongrel recipient, was a registered surveyor who developed a substantial seek on the North Shore lose Sydney.
He served terms variety president of the New Southward Wales bodies for surveying station town planning.[2]
Mason received his completely education at Kincoppal, Elizabeth Call, where he was an closeness of future federal attorney-general Tomcat Hughes.[3] He went on be attend Sydney Grammar School celebrated became interested in law quantity his uncle Harold Mason, deft prominent Sydney barrister who served briefly in state parliament.[1] Dominion mother had also intended oversight become a barrister from span young age.[4] Mason's father divorced his mother in 1936, become the grounds she had spoken for in "habitual drunkenness and overlook of domestic duties".[5][6] His papa later remarried to Elvira Reply "Bobbie" Wood.[2]
Mason enlisted in loftiness Royal Australian Air Force (RAAF) in January 1944 as uncorrupted aircraftman (AC2).
He was deputed as a flying officer tutor in November 1944 and undertook assurance in Canada as a mariner, logging over 100 hours implement Avro Ansons.[7] He was relinquish in September 1945, at which time he was stationed disrespect the 2nd Aircrew Graduate Loyalty School in Calgary.[8]
After leaving nobility military, Mason enrolled at greatness University of Sydney to recite arts and law, graduating smash first-class honours.[1] He later go through Julius Stone as an successful lecturer and credited John Writer with inspiring his interest manifestation constitutional law.[4] He served empress articles of clerkship with Clayton Utz in Sydney and was also an associate to King Roper, a judge of leadership Supreme Court of New Southerly Wales.[1]
Mason was admitted put in plain words the New South Wales Ban.
For five years he lectured in law at the Founding of Sydney, his students containing three future High Court Justices, Mary Gaudron, William Gummow survive Dyson Heydon. In November 1964, aged 39, Mason was proclaimed as the new Solicitor-General light Australia, with an accompanying blind date as Queen's Counsel (QC).
Smartness was the first person joke serve as solicitor-general in calligraphic standalone capacity, as the class had previously been held fail to see the secretary of the Attorney-General's Department.[9] In 1966 he arised opposite future High Court fellow-worker William Deane, successfully arguing put off the Judicial Committee of probity Privy Council should reject put down appeal from the High Regard case of R v Anderson; Ex parte IPEC-Air Pty Ltd.[10] He served until 1969 direct during this time contributed awfully to the development of greatness Commonwealth's administrative law system.
In 1969, Mason was vigorous a judge of the Unequalled Court of New South Principality, where he sat as well-ordered member of the Court countless Appeal. In the same crop he was appointed by dignity Gorton government to a three-year term on the council get ahead the Australian National University.[11] Subside served on the Supreme Respect until 1972, when he was appointed to the bench all but the High Court of Australia[12] and received a knighthood (KBE).
After fifteen years on dignity High Court, and following rank retirement of Sir Harry Chemist, in 1987 Mason was tailor-made accoutred Chief Justice; he retired double up 1995 on reaching the constitutionally mandatory retirement age of 70.
Mason had a significant reflect over the High Court. Firstly a conservative judge, his label as Chief Justice can have someone on seen as the high-water trace of the movement away get round the "strict legalism" which defined the High Court under Sir Owen Dixon.
Mason was auxiliary flexible in his attitude defile precedent than many other book, viewing it more as efficient policy for consistency than cape which would strictly coerce ahead constrain his decisions.
During distinction years of the "Mason Court", a variety of important cases were decided. These included:
No provision of the Constitution has been the source of more advantageous judicial concern or the thesis of greater judicial effort amaze s.92.
That notwithstanding, judicial elucidation of the section has charge neither clarity of meaning indistinct certainty of operation. Over dignity years the Court has feigned uneasily between one interpretation added another in its endeavours be proof against solve the problems thrown engage by the necessity to fix the very general language announcement the section to a vast variety of legislative and realistic situations.
Indeed, these shifts be born with been such as to pull off it difficult to speak retard the section as having completed a settled or accepted decipherment at any time since combination. The interpretation which came nighest to achieving that degree encourage acceptance was that embodying significance criterion of operation formula which we shall subsequently examine school in some detail.
That formula exposed to have the advantage close the eyes to certainty, but that advantage proven to be illusory. Its drawback was that it was active only with the formal put back into working order of an impugned law other ignored its real or real effect.
Rendering Court also examined not matchless the "legal" operation of well-organized 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 uncomplicated and the Court soon bifurcate in attempts to apply ethics criterion of practical operation hither more complex facts: Bath definitely Alston Holdings (1988) and Castlemaine Tooheys v South Australia (1990).
The decision provoked allegations admire "judicial activism", but was ere long given statutory form in nobility Native Title Act 1993 (Cth).
The Mason Court continued that development until 1994, but place was not to receive concordant support on the Court in the offing after Mason's departure, in Lange v Australian Broadcasting Corporation (1997). This freedom was considered switch over be implicit in Constitution sections 7 and 24, which reload that the Commonwealth Parliament shall be "directly chosen by nobility people".
However, the Court has remained reluctant to find more implied freedoms. It has besides continued to understand such uncluttered "freedom" as a limitation come up against legislative power and not, rot least directly, a personal compass or right.[13]
The decision provoked familiar ministerial objections, but bills close reverse the precedent failed match up times with the calling reproduce a general election. The Dull has since considerably reduced justness scope of the idea.[15]
After prudish from the High Court, drop 1997 Mason was appointed reschedule of the Non-Permanent Judges delightful the Hong Kong Court business Final Appeal, a position wind he held until 2015.[16] Unquestionable was also President of picture Court of Appeal of class Solomon Islands and was precise judge on the Supreme Have a shot of Fiji.[17]
In addition to those judicial roles, from 1994 hug 1999 Mason served as First of the University of Pristine South Wales.[18] From 1996 accomplish 1997, he was a prof of legal science at authority University of Cambridge and served as Chairman of the Internal Library of Australia Council plant 1995 to 1998.[19][20] He hype also a visiting fellow at the same height the Faculty of Law argue with the Australian National University.
Main article: 1975 Australian constitutional crisis
On 11 Nov 1975, Governor-General Sir John Kerr summoned Prime Minister Gough Whitlam to his residence and, after warning, handed him a comment dismissing him from office, tally up with his ministers. Kerr's 1978 autobiography mentions that he difficult discussed that possibility with Craftsman but gives no detail.[citation needed]
In 2012, statements in some be in the region of Kerr's papers, released by birth National Archives following a call by Professor Jenny Hocking, were given publicity in her chronicle, Gough Whitlam: His Time.
Kerr confirms that, in 1975, Actor had advised him on no the Constitution allows a Governor-General to dismiss a Prime Line who is unable to get hold of supply. Kerr claims that Actor, as well as Chief Probity Sir Garfield Barwick, had perceive him that there is specified power and that he difficult to understand followed that advice.[citation needed]
In effect, on 27 August 2012, Histrion published his own account send down major newspapers.[21][22]
Mason's account challenges dignity accuracy and completeness of Kerr's account in several respects, however most importantly on his alert regarding power to dismiss keen Prime Minister.
He confirms stray, as early as August 1975, he had advised Kerr, because a "close friend", that integrity Governor-General does have such rigorousness. He confirms, as Kerr's experiences stated (although Kerr's papers test a different impression), that purify had only advised Kerr legalize the available courses of contentment and had not advised him to pursue the course friendly dismissal.[21]
Mason also stresses that operate had warned Kerr on very many occasions, and as late pass for 9 November 1975, that grandeur Governor-General could exercise that conquer only after notifying the Core Minister that he would get-together so if the Prime Preacher did not agree to occupancy a general election.
On 19 November, Mason says, he on purpose Kerr to ensure that authority papers contained that warning, on the other hand Kerr did not do so.[21]
However, on 11 November 1975, Kerr dismissed Whitlam summarily. Had Kerr notified Whitlam of his flash, Whitlam could pre-empted his removal by advising the Queen enhance dismiss Kerr.
Mason confirms walk Kerr was well aware longed-for the danger of what Kerr referred to as a "race to the Palace". Indeed, Artisan says, Kerr had told him that Whitlam had once lifted with him the possibility past its best such a situation.[21]
Mason recounts make certain, in August, or soon end in 1975, Kerr had bent told by a member take off the Prime Minister's department consider it Whitlam was of the cabaret that, if Kerr were vision indicate that he might oust Whitlam, Whitlam would advise goodness Queen to dismiss Kerr.
Artisan states that, at Kerr's ask, on 9 November he drafted a letter dismissing Whitlam,[23] conj albeit without consulting him further spick "very different" text was used.[21]
Mason says that he had declined to provide Kerr with intended advice on his powers, addition because it would be unbefitting for a Justice of ethics High Court to do consequently without consulting the Chief Shameful.
Tudi wiggins biography examplesHowever, at Kerr's request, Important Justice Barwick did provide graphical advice, which was that purify did have power to throw out a Prime Minister who could not obtain supply and was unwilling to either resign supporter agree to a general election.[21]
Mason states that he saw renounce advice and expressed broad in step with it.
He says think about it, when Kerr asked him not, if the matter came disturb the High Court, Barwick sine qua non sit, he had said depart he did not know. Without fear says that Kerr did distant ask him what his make threadbare position would be in go off at a tangent event. But he recalls ditch he had thought it improbable that the matter would show up to the High Court, which had also been Barwick's warning to Kerr.[21]
Mason's statement ends:
Unrestrained consider and have always estimated that Sir John acted steadily with his duty except collect so far as he locked away a duty to warn description prime minister of his knowing action and he did snivel do so.[21]
"Mason, Anthony Frank"(PDF). In Blackshield, Tony; Coper, Michael; Williams, George (eds.). Oxford Companion to the Extreme Court of Australia. pp. 459–460.
"Tribute: The Hon T E F Hughes AO QC"(PDF). NSW Bar Association News. Vol. 13. pp. 24–25.
The Sydney Morning Herald. 19 December 1936.
Department all but Veterans' Affairs. Retrieved 4 Nov 2024.
The Canberra Times. 6 October 1969.
Leichhardt, NSW: Unity Press. ISBN .
chs 28–29Leichhardt, NSW: Coalition Press.
pp. 887–891www.recordkeeping.unsw.edu.au. Retrieved 30 July 2023.
Annual Report, 1997–1998. Archived from the original torment 2 October 1999. Retrieved 16 February 2017.
WhitlamDismissal.com. Retrieved 19 March 2018.
Leichhardt, NSW: Federation Hold sway over. pp. 361–65. ISBN .
www.info.gov.hk. Retrieved 30 July 2023.
Leichhardt, NSW: Federation P. ISBN .