|The Honourable Justice
AC QC BA LLB (Hons) BCL
|Justice of the High Court of Australia|
22 September 1997
|Nominated by||John Howard|
|Appointed by||William Deane|
|Preceded by||Sir Daryl Dawson|
|Born||Kenneth Madison Hayne
5 June 1945
Early life and education
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.
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. 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  HCA 46 in which Hayne J was the sole dissentient.
- Al-Kateb v Godwin  indefinite detention of a stateless person
- Thomas v Mowbray  concerning the validity of interim control orders
- Roach v Electoral Commissioner  concerning the validity of Commonwealth legislation preventing prisoners from voting
- HML v The Queen; SB v The Queen; OAE v The Queen  relevance and admissibility of evidence, as well as directions to jury.
- Rowe v Electoral Commissioner  concerning the validity of Commonwealth legislation restricting the time in which a voter may seek to enrol in an election
- South Australia v Totani  issue regarding the separation of powers and in particular, parliament directing the courts
- Australian Electoral Commission v Johnston  (sitting alone as the Court of Disputed Returns) invalidating the Western Australian Senate election from the 2013 federal election
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.
- "Oxford University Commonwealth Law Journal - Board of Patrons". Retrieved 2009-03-19.
- Banham, Cynthia (24 February 2003). "Kirby the High Court outsider". The Sydney Morning Herald. Retrieved 6 March 2012.
- "HAYNE, Kenneth Madison: Companion of the Order of Australia". It's an Honour. Commonwealth of Australia. 10 June 2002. Retrieved 6 March 2012.