H. V. Evatt

From Wikipedia, the free encyclopedia
  (Redirected from H.V. Evatt)
Jump to: navigation, search
The Right Honourable
Dr Herbert Vere Evatt
BA LLB MA LLD QC KStJ
EvattALP.jpg
Justice of the High Court of Australia
In office
19 December 1930 – 2 September 1940
Nominated by James Scullin
Preceded by Sir Charles Powers
Succeeded by Sir Dudley Williams
Chief Justice of New South Wales
In office
15 February 1960 – 24 October 1962
Preceded by Sir Kenneth Street
Succeeded by Sir Leslie Herron
15th Leader of the Opposition
Elections: 1954, 1955, 1958
In office
20 June 1951 – 9 February 1960
Preceded by Ben Chifley
Succeeded by Arthur Calwell
Leader of the Australian Labor Party
In office
20 June 1951 – 9 February 1960
Deputy Arthur Calwell
Preceded by Ben Chifley
Succeeded by Arthur Calwell
Attorney-General of Australia
In office
7 October 1941 – 19 December 1949
Preceded by Billy Hughes
Succeeded by John Spicer
Minister for External Affairs
In office
7 October 1941 – 19 December 1949
Preceded by Sir Frederick Stewart
Succeeded by Percy Spender
Member of the Australian Parliament
for Barton
In office
21 September 1940 – 22 November 1958
Preceded by Albert Lane
Succeeded by Len Reynolds
Member of the Australian Parliament
for Hunter
In office
22 November 1958 – 10 February 1960
Preceded by Rowley James
Succeeded by Bert James
Personal details
Born (1894-04-30)30 April 1894
Maitland, New South Wales, Australia
Died 2 November 1965(1965-11-02) (aged 71)
Canberra, Australian Capital Territory, Australia
Alma mater University of Sydney

Herbert Vere "H.V." Evatt (aka Doc Evatt), QC KStJ (30 April 1894 – 2 November 1965), was an Australian jurist, lawyer, parliamentarian and writer.

He was the Chief Justice of New South Wales from 1960 to 1962, the Leader of the Australian Labor Party (and Leader of the Opposition) from 1951 to 1960, the third President of the United Nations General Assembly from 1948 to 1949 and helped draft the United Nations Universal Declaration of Human Rights, the first Chairman of the United Nations Atomic Energy Commission in 1946, the de facto Deputy Prime Minister and Attorney-General and Minister for External Affairs in the Australian War Cabinet from 1941 to 1949, and a Justice of the High Court of Australia from 1930 to 1940.

Early years and education[edit]

Evatt was born in Maitland, New South Wales, as the fifth of eight sons of John Ashmore Evatt, an English publican from British India, and Sydney-born Irish-Australian Jane "Jeanie" Sophia (née Gray). His younger brother was politician and lawyer Clive Evatt. Their father died when Bert was 7 years old, and his mother shouldered the task of encouraging an intellectually gifted family. He was never known as Herbert as his family called him "Bert".

He attended local public schools of East Maitland Superior Public School and then Fort Street High School in Sydney, winning scholarships to the University of Sydney, where he was a resident of St Andrew's College. He graduated in 1919 with a Bachelor of Arts in Mathematics, Logic, Philosophy and English with (Triple)[1] First-Class Honours and the University Medal in Philosophy in 1915, a Master of Arts in 1916, and a Bachelor of Laws with First-Class Honours and the University Medal in 1918.[2]

Evatt played cricket, rugby league football, hockey and baseball.[3] He was also the Editor of Hermes, the annual student literary journal, was a Tutor at St Andrew's College, and the President of the University of Sydney Union from 1916–17. He graduated with a Legum Doctor (LLD) in 1924 from the University of Sydney, after submitting The Royal Prerogative, an examination of the character and nature of prerogative powers.

Career[edit]

Because of poor eyesight, Evatt was unable to serve in the First World War, in which two of his brothers were killed. He became a prominent industrial lawyer in Sydney, working mainly for trade union clients. In 1925, Evatt was elected as an Australian Labor Party member for Balmain in the New South Wales Legislative Assembly. Re-elected as an "Independent Labor" candidate in 1927, Evatt served in the Legislative Assembly until 1930.[citation needed]

Evatt in 1925

Justice of the High Court of Australia[edit]

In 1930, the Scullin Labor government appointed Evatt as the youngest-ever justice of the High Court of Australia. Regarded by some as a brilliant and innovative judge, he delivered a number of minority judgements, several of which were decades later adopted by High Court majorities. Evatt could, however, be partial on the bench. Sir Owen Dixon noted in Australian Woollen Mills Ltd v F.S. Walton & Co. Ltd (1937 58 CLR 641) that Evatt was on that occasion "full of antagonism to the respondent ... Most unjudicial."[4] Whenever Evatt was not particularly interested in a case he appears to have generally gone along with Dixon.[5]

Evatt was one of six justices of the High Court to have served in the Parliament of New South Wales, along with Edmund Barton, Richard O'Connor, Adrian Knox, Albert Piddington and Edward McTiernan. In 1934 Evatt played an important part in the Egon Kisch exclusion when he ruled that the Lyons Government's ban on Kisch entering Australia had been incorrectly executed and that Kisch was free to enter the country.[6]

Evatt (left) and Ben Chifley (middle) with Clement Attlee (right) at the Dominion and British Leaders Conference, London, 1946

Member of the federal House of Representatives[edit]

In 1940 Evatt resigned from the High Court to return to politics, and was elected federal MP for the Sydney seat of Barton in the House of Representatives.[citation needed]

War Cabinet[edit]

When Labor came to power under John Curtin in 1941, Evatt became Attorney-General and Minister for External Affairs (Foreign Minister). He became deputy leader of the Labor Party after the 1946 election, supporting Ben Chifley.[citation needed] During the war as Attorney General Evatt was the minister in charge of Commonwealth Security Service (CSS.) He authorised a judicial inquiry into the conduct of CSS deputy director for Queensland, Robert Wake, who was in charge of the security of Australian, American, British and Dutch forces throughout the state. Wake was charged with incompetence by General Thomas Blamey. Wake was acquitted of all charges. After the war Evatt agreed to appoint Wake as a foundation director of ASIO reporting to Judge Reed who had conducted the inquiry into Wake's competence in 1943 and 1944 see No Ribbons or Medals: the story of "Hereward" an Australian counter espionage officer by Valdemar Robert Wake, the son of Bob Wake. After Labor lost the 1949 general election, Wake resigned from ASIO and was subject to a surveillance watch by ASIO mostly because of his friendship with Bert Evatt.

President of the United Nations General Assembly[edit]

Evatt joined the diplomatic councils of the allies during World War II. In 1945, he played a leading role in the founding of the UN. He was President of the U.N. General Assembly from 1948 to 1949, and was prominent in the negotiations that led to the creation of Israel. He wrote in his memoirs: "I regard the establishment of Israel as a great victory of the United Nations." He helped draft the United Nations Universal Declaration of Human Rights and was the first chairman of the Atomic Energy Commission.[7]

One of his advisers at that time was Ric Throssell.

Spokesperson of Cricket Australia[edit]

While in London Evatt acted as the spokesperson for the Australian Board of Control for International Cricket and made personal representations to the Marylebone Cricket Club who were reluctant to send a cricket team to tour Australia so soon after the war. He put forward convincing arguments as to the need to re-establish sporting relations and the financial benefits of the tour and the MCC agreed to the 1946–47 Ashes series.[8][9] Don Bradman would later aver that the "quick resumption of Anglo-Australian Tests had justified itself in every way, psychologically, technically, financially".[10]

Leader of the Opposition[edit]

H. V. Evatt

In the 1949 election, Labor was defeated by Menzies' new Liberal Party. At this election, Evatt faced war hero Nancy Wake and suffered a massive swing in his own electorate, seeing his majority reduced from a very safe 66.9 percent to an extremely marginal 53.2 percent. He faced Wake again in the double dissolution election of 1951 and was nearly defeated, seeing her off by only 243 votes (out of more than 41,600 cast). When Ben Chifley (still Labor leader) suddenly died several months later, Evatt was elected unopposed as his successor. At first his leadership went well. He campaigned successfully against Menzies' attempt to amend the Constitution to ban the Communist Party. Many convinced anti-Communists in the Labor Party believed this was both bad politics and bad policy because of the active Communist infiltration of numerous trade unions, and because of the threat to national security posed by Communism. None of the anti-Communists, aside from Stan Keon, openly censured Evatt's stance.[citation needed]

Evatt's failure to win the 1954 election led him to blame the Catholic-dominated "Groupers" in the party for sabotaging his campaign. He reportedly believed Menzies had conspired with the security services to bring about the defection of a Soviet diplomat (see Petrov Affair), and to do so with the specific purpose of discrediting Evatt. Documents shown to the commission members were alleged to provide evidence of an extensive Soviet spy ring in Australia, and named (among many others), two of Evatt's staff members. Evatt appeared before the Royal Commission as attorney for his staff members. His cross-examination of the key ASIO operative Michael Bialoguski transformed the commission's hearings and greatly perturbed the government. The Royal Commission quickly withdrew Evatt's leave to appear. Evatt claimed this denial was because of judicial bias in favour of the Menzies government.[citation needed]

Evatt's loss of the election and his belief that Menzies had conspired with ASIO to contrive Petrov's defection led to criticism within the Labor Party of his decision to appear before the Royal Commission. He compounded this by writing to the Soviet Foreign Minister, Vyacheslav Molotov, asking if allegations of Soviet espionage in Australia were true. When Molotov replied, naturally denying the allegations, Evatt read the letter out in Parliament, Evatt felt compelled to state on the floor of Parliament that he had personally written to the Soviet Foreign Minister, Vyacheslav Molotov, who assured him there was no Soviet espionage in Australia, bringing the House into silence momentarily before both sides of Parliament began laughing.[11]

Evatt later publicly attacked "The Groupers", who had infiltrated the Victorian Labor Party, thus precipitating a split in the party, with most of the "Groupers" leaving or being expelled. The disaffected formed the Democratic Labor Party, which directed its preferences against Labor at subsequent elections. This, together with an obsessive hatred of Menzies, which led Evatt into tactical errors,[12] causing Labor to be roundly defeated in the 1955 election, suffering an 11-seat swing. Evatt himself was nearly defeated in Barton after almost three-quarters of independents' preferences flowed to his Liberal opponent. For the 1958 election, he transferred to Hunter, one of the few safe country seats for Labor. He offered to resign as leader if the DLP would return to the party. The offer was rejected and Labor was soundly defeated again.[citation needed]

Chief Justice of the Supreme Court of NSW[edit]

In 1960, the Labor government in New South Wales appointed Evatt Chief Justice of the Supreme Court of New South Wales, an appointment that was widely seen as a means of giving him a dignified exit from politics.[13] Tom Hughes, a leading Sydney barrister and former Liberal Attorney-General, averred that that all the judgements issued by Evatt during this period were co-authored with a judicial colleague.[14]

Health[edit]

Recent biographies of Evatt agree that his behaviour became more eccentric from the late 1950s. Pat Fiske and David McKnight, in their 1995 television documentary Doc, attributed what they described as Evatt's "deteriorating mental functioning" to arteriosclerosis.[15]

Death[edit]

In 1962, Evatt suffered a mental breakdown,[16] and was persuaded to retire from the bench. He died in Canberra on 2 November 1965, aged 71.[16]

Personal life[edit]

Two years after being admitted to the New South Wales Bar, Evatt, an Anglican,.[17] married Mary Alice Sheffer at the Congregational Church in Mosman, New South Wales on 27 November 1920. The relationship was reportedly turbulent but devoted.[17] The couple had two children, Peter and Rosalind.[18]

Peter Evatt became an Olympic rower who was 1953 national sculling champion and represented Australia in rowing at the 1956 Olympic Games in Melbourne.[19] Peter was a member of the ALP, like his father, and stood for Bennelong at the 1969 federal elections.

In 1972, aged 50, Peter died by accidental electrocution while trying to repair a faulty electric toaster. He was survived by his six children. His death was reported by The Age on 27 December 1972.[20]

In 1953, Rosalind Evatt married Peter Carrodus, the assistant manager of a Canberra radio station, 2CA.[21]

Literary works[edit]

During his life, Evatt had a varied career as a writer, covering such topics as law and labour history. His book on the politics of the Rum Rebellion is still considered relevant, although others disagree with Evatt's view. Evatt contributed an article on "Cricket and the British Commonwealth" to the 1949 edition of the Wisden Cricketer's Almanack.[22]

His publications include:

  • H. V. Evatt, Australian Labour Leader: The Story Of W.A. Holman and the Labour Movement, 1954
  • H. V. Evatt, The King and His Dominion Governors, 1936
  • H. V. Evatt, Injustice within the Law. A study of the case of the Dorsetshire Labourers, 1937
  • H. V. Evatt, The Royal Prerogative, 1930 (this was his LLD thesis)
  • H. V. Evatt, Rum Rebellion: A Study of the Overthrow of Governor Bligh by John Macarthur and the New South Wales Corps, 1943

Honours[edit]

  • In 1924 Evatt was awarded the degree LLD, for his dissertation on prerogative powers of Governors in the British legal system.[citation needed]
  • The Evatt Foundation,[23] a research institute for the labour movement, is named in his honour.
  • The suburb of Evatt, which lies in the Belconnen district of Canberra, Australian Capital Territory, is also named in his honour.
  • One of the high schools (Maitland Boys High School) in his home town of Maitland was briefly renamed Evatt High School in his honour, before being renamed Maitland High School when it became unisex some years later.
  • In November 1965, the NSW State Government opened Evatt Park in Lugarno, which is still used frequently for recreation.
  • United Nations Youth Australia runs an annual national schools debating competition, the Evatt Trophy Competition.

References[edit]

  1. ^ Evatt biodata, Flinders University website]
  2. ^ H.V. Evatt profile, Australian Dictionary of Biography
  3. ^ Evatt biodata, trove.nla.gov.au (19 December 1930)
  4. ^ Owen Dixon Diary, 29 April 1937, found in Dixon's personal papers.
  5. ^ Ayres, Philip (2003). Owen Dixon profile. The Miegunyah Press, Melbourne University. ISBN 0-522-85045-6.  p 62.
  6. ^ Carolyn Rasmussen (2006). "Kisch, Egon Erwin (1885–1948) profile at". Australian Dictionary of Biography Online. Retrieved 20 July 2008. 
  7. ^ William Roger Louis, The British Empire in the Middle East, 1945–1951, pp. 19–20. Oxford: Clarendon Press (1984).
  8. ^ Clif Cary, Cricket Controversy, Test matches in Australia 1946–47, T. Werner Laurie Ltd, 1948, pp 3–4.
  9. ^ Ray Robinson and Mike Coward. England vs Australia 1932–1985, p. 292, in E.W. Swanton (ed), Barclay's World of Cricket, Willow, 1986.
  10. ^ E.W. Swanton, Swanton in Australia with MCC 1946–1975, Fontana/Collins, 1975, pg. 68.
  11. ^ Report on Petrov Affair, moadoph.gov.au
  12. ^ Robert Menzies profile, National Archives of Australia
  13. ^ Sir William Francis Langer Owen profile profile, Australian Dictionary of Biography
  14. ^ T.E.F. Hughes QC, "As Time Goes By", New South Wales Bar News (Winter 2006), pp 58–63 at page 59
  15. ^ Gerard Henderson. "Labor in denial about Evatt, its flawed hero", The Age, 12 April 2005.
  16. ^ a b Andrew Campbell. (2007.) "Dr. H. V. Evatt, Part One: A Question of Sanity", National Observer, 73: 25–39.
  17. ^ a b G.C. Bolton. "Evatt, Herbert Vere (Bert) (1894–1965)" profile in Australian Dictionary of Biography, Vol. 14, Melbourne University Press, Melbourne (1996).
  18. ^ Michael Kirby. "Independence of the Judiciary: Basic Principles, New Challenges"
  19. ^ "Peter Evatt Wins Sculling Title", The Canberra Times (16 February 1953).
  20. ^ "Peter Evatt Found Dead", The Age (27 December 1972).
  21. ^ "Notable Canberra Wedding", The Age (30 November 1953).
  22. ^ Michael Duffy. Proof of history's rum deal Sydney Morning Herald, 27 January 2006.
  23. ^ "Evatt Foundation". Evatt.labor.net.au. Retrieved 4 November 2011. 

Bibliography[edit]

  • Wake, Valdemar Robert. No Ribbons or Medals: the story of "Hereward" an Australian counter espionage officer (2004), Jacobyte Books.

Further reading[edit]

  • Buckley, Ken; Dale, Barbara and Reynolds, Wayne. Doc Evatt, Cheshire, Melbourne (1994); ISBN 0-582-87498-X
  • Crockett, Peter. Evatt: A Life, Oxford University Press, Melbourne (1993); ISBN 0-19-553558-8
  • Dalziel, Allan. Evatt. The Enigma, Lansdowne Press, Melbourne (1967).
  • Makin, Norman. Federal Labour Leaders, Union Printing, Sydney, New South Wales (1961), pp. 140–145.
  • Renouf, Alan. Let Justice Be Done. The Foreign Policy of Dr H.V. Evatt, University of Queensland Press, St Lucia, Queensland (1983); ISBN 0-7022-1893-6
  • Tennant, Kylie. Evatt. Politics and Justice, Angus and Robertson, Sydney (1970); ISBN 0-207-12533-3

External links[edit]

Political offices
Preceded by
Ben Chifley
Leader of the Opposition
1951–1960
Succeeded by
Arthur Calwell
Preceded by
Sir Frederick Stewart
Minister for External Affairs
1941–1949
Succeeded by
Percy Spender
Preceded by
Billy Hughes
Attorney-General of Australia
1941–1949
Succeeded by
John Spicer
Parliament of Australia
Preceded by
Albert Lane
Member for Barton
1940–1958
Succeeded by
Len Reynolds
Preceded by
Rowley James
Member for Hunter
1958–1960
Succeeded by
Bert James
Parliament of New South Wales
Preceded by
Robert Stopford
Member for Balmain
1925–1927
Served alongside: Keegan, Lane, Quirk, Stuart-Robertson
Succeeded by
H. V. Evatt
Preceded by
H. V. Evatt
Tom Keegan
Albert Lane
John Quirk
Robert Stuart-Robertson
Member for Balmain
1927–1930
Succeeded by
John Quirk
Diplomatic posts
Preceded by
José Arce
President of the United Nations General Assembly
1948–1949
Succeeded by
Carlos P. Romulo
Legal offices
Preceded by
Sir Kenneth Street
Chief Justice of New South Wales
1960–1962
Succeeded by
Sir Leslie Herron
Party political offices
Preceded by
Frank Forde
Deputy Leader of the Australian Labor Party
1946–1951
Succeeded by
Arthur Calwell
Preceded by
Ben Chifley
Leader of the Australian Labor Party
1951–1960
Succeeded by
Arthur Calwell