Kenneth Hayne

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The Honourable Justice
Kenneth Hayne
Justice of the High Court of Australia
Assumed office
22 September 1997
Nominated by John Howard
Appointed by William Deane
Preceded by Sir Daryl Dawson
Personal details
Born Kenneth Madison Hayne
(1945-06-05) 5 June 1945 (age 69)
Nationality Australian

Kenneth Madison Hayne AC (born 5 June 1945) is a Justice of the High Court of Australia which is the highest court in the Australian court hierarchy.

Early life and education[edit]

Hayne attended Scotch College, Melbourne. He graduated with a Bachelor of Arts and Bachelor of Laws (Honours) from the University of Melbourne, during which time he resided at Ormond College. Hayne was Editor of the Melbourne University Law Review. He then graduated with a Bachelor of Civil Law from Exeter College, Oxford University. He was also a Rhodes Scholar.


Hayne was admitted as a barrister and solicitor of the Supreme Court of Victoria in 1971 and was appointed as a Queen's Counsel (QC) in 1984.

Hayne is a patron of the Oxford University Commonwealth Law Journal.[1]

Judicial activity[edit]

Kenneth Hayne joined the bench in 1992 when he was appointed as a judge of the Supreme Court of Victoria. From 7 June 1995 he sat on the Court of Appeal of the Supreme Court of Victoria, which is the highest court in the Australian State of Victoria.

Hayne was appointed as a Justice of the High Court in September 1997, a position he still holds. Under the Australian Constitution he must retire from the High Court by 2015 when he will be 70.

Hayne has been described as being a part of a 'core' of judges on the High Court, usually forming the majority, and often wrote joint reasons with Justice William Gummow.[2] One notable exception was Hayne's dissent in Thomas v Mowbray, where he joined Justice Michael Kirby in holding the Commonwealth's regime of interim control orders applied in respect of suspected terrorists to be unconstitutional. Another, more recent, example is Kuczborski v Queensland [2014] HCA 46 in which Hayne J was the sole dissentient.

Notable judgements[edit]


Hayne received Australia's highest civil honour when he was appointed a Companion of the Order of Australia (AC) in 2002 for service to the judiciary, to the law as an outstanding scholar, barrister and jurist, and to the community in the advancement of both legal and general education.[3]

See also[edit]


  1. ^ "Oxford University Commonwealth Law Journal - Board of Patrons". Retrieved 2009-03-19. 
  2. ^ Banham, Cynthia (24 February 2003). "Kirby the High Court outsider". The Sydney Morning Herald. Retrieved 6 March 2012. 
  3. ^ "HAYNE, Kenneth Madison: Companion of the Order of Australia". It's an Honour. Commonwealth of Australia. 10 June 2002. Retrieved 6 March 2012. 

External links[edit]