Charles Kennedy Comans

Last updated

Charles Kennedy Comans
Born(1914-10-21)October 21, 1914
DiedSeptember 12, 2012(2012-09-12) (aged 97)
Alma materMelbourne University
OccupationLawyer, parliamentary draftsman, lecturer
SpouseNancy Button
Children3 sons (2 deceased), 1 daughter

Charles Kennedy Comans, CBE, OBE, QC (born 21 October 1914) was a lawyer, lecturer, the former First Parliamentary Counsel of the Commonwealth from 1972 - 1977. [1] [2] Comans died in Canberra on 12 September 2012, aged 97. [3]

Contents

Early life and education

Comans was born in Melbourne, Victoria, Australia, the only son of Michael and Kate Comans. He was educated at Christian Brothers’ College, Victoria Parade, Melbourne. There, he won a scholarship to attend St Kevin’s High School. He went on to study law at Melbourne University and at 21, he was then the youngest person to achieve a master of laws from the university.

Career

Comans was admitted to the Victorian Bar in 1936, and first worked in the Taxation Office in Canberra, before becoming a legal officer in the Attorney-General’s Department, a post he held between 1938 and 1948. He went on to become the First Assistant Parliamentary Draftsman in 1949, Second Parliamentary Counsel in 1970 and First Parliamentary Counsel in 1972, a post he held for five years until 1977. His career spanned the offices of 14 Prime Ministers and 16 Attorneys-General of the Commonwealth. He was appointed Officer of the Order of the British Empire (OBE) in 1965, the Commonwealth Queen's Counsel in 1974, and CBE in 1977. The Charles Comans meeting room in the Office of Parliamentary Counsel in Canberra was named in his honour. [4]

Some of Comans' more notable work was the drafting of the Double Dissolution Proclamation read for then Governor-General of Australia, Sir John Kerr, on the steps of Old Parliament House on 11 November 1975. This had been drafted on instruction by the Governor-General on conditions of secrecy from Prime Minister Whitlam and dissolved the then Whitlam government and appointed Malcolm Fraser as a caretaker Prime Minister.

Comans work also included the Marriage Act in 1961, the Trade Practice Act in 1974 the Family Law Act in 1975 and the Darwin Reconstruction Bill after the devastating cyclone Tracey that hit Darwin in late 1974.

Comans has a room named for him at the Office of Parliamentary Counsel and his history has been recorded at the National Library

Personal life

Comans married Nancy Button in August 1944; they had three sons - Michael (now deceased), Peter (now deceased) and Philip - and one daughter - Leigh. [4] Apart from his roles in the Commonwealth offices, he was a lecturer at Canberra University College between 1945 and 1948.

Related Research Articles

<span class="mw-page-title-main">Prime Minister of Australia</span> Head of Government of Australia

The prime minister of Australia is the head of government of the Commonwealth of Australia. The prime minister heads the executive branch of the federal government of Australia and is also accountable to federal parliament under the principles of responsible government. The current prime minister is Anthony Albanese of the Australian Labor Party, who became prime minister on 23 May 2022.

<span class="mw-page-title-main">1975 Australian constitutional crisis</span> Governor-General dismissal of PM Whitlam

The 1975 Australian constitutional crisis, also known simply as the Dismissal, culminated on 11 November 1975 with the dismissal from office of the prime minister, Gough Whitlam of the Australian Labor Party (ALP), by Governor-General Sir John Kerr, who then commissioned the leader of the Opposition, Malcolm Fraser of the Liberal Party, as prime minister. It has been described as the greatest political and constitutional crisis in Australian history.

<span class="mw-page-title-main">John Kerr (governor-general)</span> 18th Governor-General of Australia

Sir John Robert Kerr was an Australian barrister and judge who served as the 18th Governor-General of Australia, in office from 1974 to 1977. He is primarily known for his involvement in the 1975 constitutional crisis, which culminated in his decision to dismiss the incumbent prime minister Gough Whitlam and appoint Malcolm Fraser as his replacement, unprecedented actions in Australian federal politics.

<span class="mw-page-title-main">Duncan Kerr</span> Australian politician

Duncan James Colquhoun Kerr, SC is a barrister. He is a former justice of the Federal Court of Australia. He also served as President of the Administrative Appeals Tribunal from 2012 to 2017.

<span class="mw-page-title-main">Garfield Barwick</span> 7th Chief Justice of Australia and politician (1903-1997)

Sir Garfield Edward John Barwick, was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a minister in the Menzies government from 1958 to 1964.

<span class="mw-page-title-main">Robert Garran</span> First Solicitor-General of Australia

Sir Robert Randolph Garran was an Australian lawyer who became "Australia's first public servant" – the first federal government employee after the federation of the Australian colonies. He served as the departmental secretary of the Attorney-General's Department from 1901 to 1932, and after 1916 also held the position of Solicitor-General of Australia.

<span class="mw-page-title-main">Anthony Mason (judge)</span> Australian judge

Sir Anthony Frank MasonHonFAIB DistFRSN is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court in 1972, having previously served on the Supreme Court of New South Wales.

The Solicitor-General of Australia is the country's second highest-ranking law officer, after the Attorney-General for Australia. The position is often known as the Commonwealth Solicitor-General in order to distinguish it from the state solicitors-general. The current officeholder is Stephen Donaghue, who took office on 16 January 2017 following the resignation of Justin Gleeson.

<span class="mw-page-title-main">Fred Whitlam</span> Crown Solicitor of Australia (1884 – 1961)

Harry Frederick Ernest "Fred" Whitlam was Australia's Crown Solicitor from 1936 to 1949, and a pioneer of international human rights law in Australia. He was the father of Prime Minister Gough Whitlam, and had a great influence on his son's values and interests.

<span class="mw-page-title-main">Bob Ellicott</span> Australian politician and judge (1927–2022)

Robert James Ellicott, was an Australian barrister, politician and judge. He served as Solicitor-General of Australia (1969–1973) before entering the House of Representatives at the 1974 federal election as a member of the Liberal Party. He held senior ministerial office in the Fraser Government, serving as Attorney-General (1975–1977), Minister for Home Affairs (1977–1980), the Capital Territory (1977–1980), and Home Affairs and the Environment (1980–1981). He retired from politics to be appointed to the Federal Court of Australia, serving as a judge from 1981 to 1983.

<span class="mw-page-title-main">Robert Marsden Hope</span> Former Justice of the New South Wales Court of Appeal (1919 – 1999)

Robert Marsden Hope, was a Justice of the New South Wales Court of Appeal and Royal Commissioner on three separate occasions, most notably the Royal Commission on Intelligence and Security. As a judge Hope was known for his legal positivism and as a royal commissioner he "instilled a sense of impartiality".

<span class="mw-page-title-main">John Bunting (public servant)</span> Australian public servant and diplomat

Sir Edward John Bunting was an Australian public servant and diplomat, whose senior career appointments included Australian High Commissioner to the United Kingdom and Secretary of the Department of the Prime Minister and Cabinet.

Antony Philip Whitlam is an Australian lawyer who has served as a politician and judge. He is the son of Gough Whitlam and Margaret Whitlam.

Sir Maurice Hearne Byers was a noted Australian jurist and constitutional expert. He was the Commonwealth Solicitor-General from 1973 to 1983, in which capacity he played a role in the Gair Affair and the 1975 Australian constitutional crisis. He had an unmatched record of success in his appearances before the High Court of Australia, and he has been characterised as the finest lawyer never to have been appointed to the High Court.

The Murphy raids on the offices of the Australian Security Intelligence Organisation (ASIO) occurred on 16 March 1973. The purpose of the raids, instigated by Attorney-General Lionel Murphy, was to obtain terrorism-related information that the ASIO was accused of withholding. Murphy was operating without any permission from the Prime Minister at the time, Gough Whitlam or the Cabinet. No warrants were obtained from the judiciary.

<span class="mw-page-title-main">Geoffrey Yeend</span> Australian public servant

Sir Geoffrey John "Geoff" Yeend was a senior Australian public servant. He was Secretary of the Department of the Prime Minister and Cabinet between 1978 and 1986.

The Office of Parliamentary Counsel (OPC) is an Australian Commonwealth government agency established under the Parliamentary Counsel Act 1970 (Cth) within the Commonwealth Attorney-General's portfolio. OPC drafts all government Bills that are introduced into the federal Parliament, legislative instruments made by the Governor-General, and a range of other delegated legislation. It also manages the Federal Register of Legislation to provide access to authorised, up-to-date versions of Commonwealth laws.

<span class="mw-page-title-main">Tich McFarlane</span>

Group Captain Archibald Bertram "Tich" McFarlane CBE DFC was an Australian public servant and Royal Australian Air Force (RAAF) officer. He commanded No. 2 Squadron RAAF during part of World War II. He later served as secretary of the Department of Air from 1956 to 1968 and held other senior positions in the Commonwealth Public Service and statutory bodies.

<i>Bradley v Commonwealth</i> Judgement of the High Court of Australia

Bradley v Commonwealth, also referred to as the Rhodesian Information Centre case, is a 1973 High Court of Australia case. It was brought by Denzil Bradley against Australia following the Postmaster-General of Australia cutting off telephones and postal service to the Rhodesian Information Centre that he operated. The court ruled on a 3–2 majority that the Postmaster-General lacked the power to arbitrarily stop providing services.

References

  1. "First Parliamentary Counsel". Australian Government Office of Parliamentary Counsel. Archived from the original on 29 March 2013. Retrieved 16 March 2013.
  2. "Australian Law Journal". 2012.{{cite journal}}: Cite journal requires |journal= (help)
  3. "Comans, Charles Kennedy (1914–2012)". Obituaries Australia. Retrieved 16 March 2013.
  4. 1 2 Michael Kirby, 'Comans, Charles Kennedy (1914–2012)', Obituaries Australia, National Centre of Biography, Australian National University, http://oa.anu.edu.au/obituary/comans-charles-kennedy-15946/text27175, accessed 17 March 2013.