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The Right Honourable  Sir Garfield Barwick  AK, GCMG, KC
7th Chief Justice of Australia
In office 27 April 1964 – 11 February 1981
Appointed by	Sir Robert Menzies
Preceded by	Sir Owen Dixon
Succeeded by	Sir Harry Gibbs
Member of the Australian Parliament for Parramatta
In office 8 March 1958 – 24 April 1964
Preceded by	Howard Beale
Succeeded by	Nigel Bowen
Born	22 June 1903(1903-06-22) Sydney, New South Wales
Died	14 July 1997 (aged 94) Sydney, New South Wales
Political party	Liberal Party of Australia

Sir Garfield Edward John Barwick AK GCMG KC (22 June 1903 – 14 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)^[1]

Career

Barwick was born to Methodist parents in an impoverished suburb of Sydney, and attended, on a scholarship, Fort Street High School in that city. He graduated from the University of Sydney with the University Medal in law. A good student, he was admitted to practice soon after finishing university, although (on his own later admission) he suffered severely in financial terms during the Great Depression. He failed to repay a cousin's loan from a bank which he had guaranteed and was made bankrupt. This was held against him by many throughout his career.

Nevertheless, he practised as a barrister in many jurisdictions, achieving considerable recognition and the reluctant respect of opponents. Having been briefed in many of Australia's defining constitutional cases (e.g., the Airlines case, and the Bank Nationalisation case), he was knighted in 1953.

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 executed^[2].

Barwick was elected to the House of Representatives as the Liberal member for Parramatta at a by-election on 8 March 1958, and re-elected in the general elections of 1958, 1961 and 1963.

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. He led the Australian delegation to the General Assembly of the United Nations for its 15th, 17th and 18th sessions.

On 27 April 1964, he was appointed Chief Justice of the High Court of Australia: 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.

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. He retired from the bench in 1981, but continued to be active as a much-sought-after expert on legal issues until the end of his life.

Honours

In June 1953, he was made a Knight Bachelor, "in recognition of service to the Public service".^[3]

In 1964 he was appointed a Privy Counsellor.

In January 1965 he was appointed a Knight Grand Cross of the Order of St Michael and St George (GCMG), honouring his contribution as Chief Justice of the High Court.^[4]

In June 1981 he was appointed a Knight of the Order of Australia (AK), "in recognition of service to the Australian Parliament, government and the law".^[5]

References

Bibliography

• A Radical Tory: Garfield Barwick's Reflections and recollections, Federation Press, Sydney, 1995, ISBN 1-86287-236-8.
• Barwick, Marr D., 2nd Ed, ISBN 1-74114-720-4

See also

• Constitution of Australia
• Australian constitutional crisis of 1975

External links

• Attorney-General’s Department (Commonwealth of Australia) Sir Garfield Barwick