|The Right Honourable
Sir Garfield Barwick
AK, GCMG, QC
|7th Chief Justice of Australia|
27 April 1964 – 11 February 1981
|Nominated by||Sir Robert Menzies|
|Appointed by||William Philip Sidney, 1st Viscount De L'Isle|
|Preceded by||Sir Owen Dixon|
|Succeeded by||Sir Harry Gibbs|
|Member of the Australian Parliament
8 March 1958 – 24 April 1964
|Preceded by||Howard Beale|
|Succeeded by||Nigel Bowen|
22 June 1903|
Sydney, New South Wales
|Died||13 July 1997
Sydney, New South Wales
|Political party||Liberal Party of Australia|
Sir Garfield Edward John Barwick, AK GCMG QC (22 June 1903 – 13 July 1997) was the Attorney-General of Australia (1958–64), 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).
Early life and education
Barwick was one of three brothers born to Methodist parents, of Cornish origin; he would later be very insistent on his Cornish identity. Raised in Stanmore, at the time an impoverished suburb of Sydney, he attended, on a scholarship, Fort Street High School in that city. He graduated from the University of Sydney with a University Medal in law.
A very diligent student, Barwick was admitted to legal practice soon after finishing university, although (on his own later admission) he suffered severely in financial terms during the Great Depression. He was guarantor for a bank loan to his younger brother to operate a service station in Ashfield, but was unable to repay the bank when the loan was forfeited, and was made bankrupt after he sued the oil companies for defamation. This was held against him by many throughout his career.
Nevertheless, he practised as a barrister from 1927 in many jurisdictions, achieving considerable recognition and the reluctant respect of opponents. He first came to public prominence in the 1943 case over the artistic merits of William Dobell's Archibald Prize-winning portrait of the painter Joshua Smith; a losing entrant claimed the picture was caricature, not portraiture. Barwick represented the plaintiff, and although they lost, his name became well known from that point onwards.
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 hanged.
Parliamentary and ministerial career
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 and led the Australian delegation to the General Assembly of the United Nations for its 15th, 17th, and 18th sessions.
Chief Justice of the High Court
On 27 April 1964, Barwick was appointed Chief Justice of the High Court of Australia, succeeding Sir Owen Dixon, being the first law graduate from the University of Sydney to hold this position. He was instrumental in the construction of the High Court building in Canberra (unofficially known, as a result, as "Gar's Mahal"), and became the first president of the Australian Conservation Foundation in 1966.
Barwick was one of only eight justices of the High Court to have served in the Parliament of Australia prior to his appointment to the Court; the others were Edmund Barton, Richard O'Connor, Isaac Isaacs, H. B. Higgins, Edward McTiernan, John Latham, and Lionel Murphy.
In 1972 he became President of the Australian Institute for International Affairs.
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. This was significant, because Barwick and Gough Whitlam, whose government Kerr dismissed, had a history of antipathy dating from the mid-1950s. Further, Whitlam had refused Kerr's request for permission to consult Barwick, or to act on any advice except his own.
The High Court was due to move to new premises in Canberra in May 1980. A year earlier, in anticipation of the move, Barwick wrote to Malcolm Fraser (who had become prime minister as a result of the dismissal and who was confirmed in office by the December 1975 election), seeking an official residence in the national capital. His request "went down like a lead balloon with the cabinet which had run into trouble with the High Court's burgeoning costs while urging economic restraint on other Australians", and was rejected. The $46.5 million High Court building in Canberra was opened by the Queen in May 1980, and is today still referred to as "Gar's Mahal".
While Barwick retired from the bench in 1981, he retained excellent health and continued to be active as a much-sought-after expert on legal issues until the end of his life. His writings included Sir John Did His Duty (a commentary on Kerr's dismissal of Whitlam) and his 1995 memoirs, A Radical Tory.
In 1929, Barwick married Norma Symons, with whom he would have one son and one daughter.
In 1964, he was appointed a Privy Counsellor.
- High Court of Australia
- James Jupp (2001-10-01). The Australian People: An Encyclopedia of the Nation, its People and their Origins. Cambridge University Press. p. 234. ISBN 978-0-521-80789-0.
- Rowse, A.L., All Souls in my time, 1993
- The International and Comparative Law Quarterly, Vol. 17, No. 3 (Jul., 1968), pp. 782-783
- Murphy, Damien (2010-01-01). "How Barwick lost his would-be country pile". Sydney Morning Herald (Fairfax Media). Retrieved 2010-04-10.
- Obituary: Sir Garfield Barwick - People - News - The Independent
- House of Representatives, Motion of Condolence 25 August 1997
- Parliamentary Handbook
- It’s an Honour: Knight bachelor
- It’s an Honour: GCMG
- It’s an Honour: AK
- Sir Garfield Barwick (1995). A Radical Tory: Garfield Barwick's Reflections and Recollections. ISBN 978-1-86287-236-3.
- David Marr (1980). Barwick. ISBN 978-0-86861-058-0.
Sir Owen Dixon
|Chief Justice of Australia
Sir Harry Gibbs
|Attorney-General of Australia
|Minister for External Affairs
|Parliament of Australia|
|Member for Parramatta