The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia. The governor-general is appointed by the monarch on the recommendation of the prime minister. The governor-general has formal presidency over the Federal Executive Council and is commander-in-chief of the Australian Defence Force. The functions of the governor-general include appointing ministers, judges, and ambassadors; giving royal assent to legislation passed by parliament; issuing writs for election; and bestowing Australian honours.
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.
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.
George Graham Winterton was an Australian academic specialising in Australian constitutional law. Winterton taught for 28 years at the University of New South Wales before taking up an appointment of Professor of Constitutional Law at the University of Sydney in 2004.
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation.
Sir Samuel Walker Griffith was an Australian judge and politician who served as the inaugural Chief Justice of Australia, in office from 1903 to 1919. He also served a term as Chief Justice of Queensland and two terms as Premier of Queensland, and played a key role in the drafting of the Australian Constitution.
The Attorney-General of Australia (AG) is the minister of state of the Commonwealth of Australia and chief law officer of state, charged with overseeing the national legal affairs and public security as the head of the Attorney-General’s Department. The current attorney-general is Mark Dreyfus, who was appointed by Prime Minister Anthony Albanese in June 2022 following the 2022 Australian federal election. By convention, the attorney-general is a lawyer by profession, being either a barrister or solicitor.
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.
Sir David Iser Smith was an Australian public servant. He was the Official Secretary to the Governor-General of Australia between 1973 and 1990, in which capacity he served Sir Paul Hasluck, Sir John Kerr, Sir Zelman Cowen, Sir Ninian Stephen and Bill Hayden.
The Constitution Alteration Bill 1977 was a successful proposal to alter the Australian Constitution to introduce a retirement age of 70 for federal judges. It was put to voters for approval in a referendum held on 21 May 1977. After being approved in the referendum, it received the royal assent and became law on 29 July 1977.
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.
Sir Owen Dixon was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. Many consider him to be Australia's most prominent jurist.
Sir Edward Aloysius McTiernan, KBE, was an Australian lawyer, politician, and judge. He served on the High Court of Australia from 1930 to 1976, the longest-serving judge in the court's history.
The following lists events that happened during 1903 in Australia.
The following lists events that happened during 1975 in Australia.
Sir Nigel Hubert Bowen, was a Canadian-born Australian lawyer, politician and judge. He was a member of the Liberal Party and served in the House of Representatives from 1964 to 1973, representing the New South Wales seat of Parramatta. He held senior ministerial office in multiple Coalition governments, serving as Attorney-General, Minister for Education and Science (1969–1971), and Minister for Foreign Affairs (1971–1972). After the Coalition lost the 1972 election he was an unsuccessful candidate to replace William McMahon as Liberal leader, losing to Billy Snedden by a single vote. After leaving politics he served as the inaugural chief justice of the Federal Court of Australia (1976–1990).
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.
Judicial independence is regarded as one of the foundation values of the Australian legal system, such that the High Court held in 2004 that a court capable of exercising federal judicial power must be, and must appear to be, an independent and impartial tribunal. Former Chief Justice Gerard Brennan described judicial independence as existing "to serve and protect not the governors but the governed", albeit one that "rests on the calibre and the character of the judges themselves". Despite general agreement as to its importance and common acceptance of some elements, there is no agreement as to each of the elements of judicial independence.
