Clifford Menhennitt

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Clifford Inch Menhennitt (30 October 1912 - 29 October 1979) was an Australian jurist. He served as a Justice of the Supreme Court of Victoria from 1966 to 1979. While largely unknown today, Menhennitt was responsible for delivering the landmark 1969 Menhennitt ruling, which was the first legal precedent with regard to abortion law in Australia.

Australia Country in Oceania

Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It is the largest country in Oceania and the world's sixth-largest country by total area. The neighbouring countries are Papua New Guinea, Indonesia and East Timor to the north; the Solomon Islands and Vanuatu to the north-east; and New Zealand to the south-east. The population of 25 million is highly urbanised and heavily concentrated on the eastern seaboard. Australia's capital is Canberra, and its largest city is Sydney. The country's other major metropolitan areas are Melbourne, Brisbane, Perth and Adelaide.

Supreme Court of Victoria superior court of the state of Victoria, Australia

The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state. Those courts lying below it include the County Court of Victoria and the Magistrates' Court of Victoria. The Victorian Civil and Administrative Tribunal, which is not a court, serves a judicial function. Above it lies the High Court of Australia. This places it around the middle of the Australian court hierarchy. The building itself is on the Victorian Heritage Register.

<i>R v Davidson</i>

R v Davidson, also known as the Menhennitt ruling, was a significant ruling delivered in the Supreme Court of Victoria on 26 May 1969. It concerned the legality of abortion in the Australian state of Victoria. The ruling was not the end of the case, but rather answered certain questions of law about the admissibility of evidence, so as to allow the trial to proceed.

Contents

Early life and education

Menhennitt was born in Melbourne, and attended Scotch College and the University of Melbourne. He was an excellent student, and won the E. J. B. Nunn Scholarship and the Supreme Court Prize in his final honours examination in 1933.

Scotch College, Melbourne school in Melbourne, Victoria, Australia

Scotch College is an independent Presbyterian day and boarding school for boys, located in Hawthorn, an inner-eastern suburb of Melbourne, Victoria, Australia.

University of Melbourne Australian public university located in Melbourne, Victoria

The University of Melbourne is a public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in Victoria. Melbourne's main campus is located in Parkville, an inner suburb north of the Melbourne central business district, with several other campuses located across Victoria.

Career

He was admitted to legal practice in 1935 with solicitor firm Alexander Grant, Dickson and Menhennitt, and worked there until his admission to the bar in 1946. A talented litigator, he appeared many times before the High Court of Australia and Privy Council, and was appointed as a Queens Counsel in 1957. He also remained active in the legal and university communities, serving as Vice-Chair of the Victorian Bar Council and a member of the Executive of the Law Council of Australia, and working as a lecturer and serving on several governing boards at the University of Melbourne. His work with the university saw Menhennitt serve as its Warden of Convocation from 1965 to 1968, and as a member of the University Council from 1968 to 1973.

High Court of Australia supreme court

The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the states, and the ability to interpret the Constitution of Australia and thereby shape the development of federalism in Australia.

Privy Council of the United Kingdom Formal body of advisers to the sovereign in the United Kingdom

Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council of the United Kingdom or just the Privy Council, is a formal body of advisers to the Sovereign of the United Kingdom. Its membership mainly comprises senior politicians, who are current or former members of either the House of Commons or the House of Lords.

The Victorian Bar is the bar association for the Australian State of Victoria. Its members are barristers registered to practise in Victoria. On 2 April 2014, there were 2738 counsel practising as members of the Victorian Bar. Once a barrister has been admitted to practise by the Supreme Court of Victoria, he or she is usually eligible to join the Victorian Bar. The Victorian Bar is affiliated with the Australian Bar Association and is a member of the Law Council of Australia.

Menhennitt was appointed as an Acting Judge of the Supreme Court of Victoria on 27 April 1966, and quickly impressed with his capabilities. The Australian Bar Gazette stated that during his time in the position, he had "revealed learning and skill in the conduct of trials in matters far removed from his previous fields of practice." Six months later, Sir Norman O'Bryan retired from the bench, and on 17 October, Menhennitt was appointed as his replacement. Menhennitt was highly regarded for both his knowledge and efficiency during his time on the court, and had a reputation for being relatively quick in returning decisions. While on the court, he was the original judge in charge of the Building Cases List, and was later responsible for the Commercial Causes List. He also served as chairman of Victorian Council of Law Reporting from 1974 until his death, and had also been a member of the Chief Justice's Law Reform Committee.

The Honourable Sir Norman John O'Bryan, KC was an Australian barrister and judge who sat on the Supreme Court of Victoria from 1939 to 1966.

Though he was on the court for thirteen years, Menhennitt remains most well known for one particular case, R v Davidson , commonly known as the Menhennitt ruling. [1] It was the first legal precedent in Australia concerning the legality of abortion, and Menhennitt ruled that abortion was lawfully justified if "necessary to preserve the physical or mental health of the woman concerned, provided that the danger involved in the abortion did not outweigh the danger which the abortion was designed to prevent." It was later largely adopted by courts in New South Wales and Queensland (with the Levine ruling of 1971 and McGuire ruling of 1986 respectively), and was influential in some other states. Menhennitt's ruling remained the basis for abortion law in Victoria for almost 40 years, until the Abortion Law Reform Act 2008 (Vic) formally decriminalised abortion.

New South Wales State of Australia

New South Wales is a state on the east coast of Australia. It borders Queensland to the north, Victoria to the south, and South Australia to the west. Its coast borders the Tasman Sea to the east. The Australian Capital Territory is an enclave within the state. New South Wales' state capital is Sydney, which is also Australia's most populous city. In March 2018, the population of New South Wales was over 7.9 million, making it Australia's most populous state. Just under two-thirds of the state's population, 5.1 million, live in the Greater Sydney area. Inhabitants of New South Wales are referred to as New South Welshmen.

Queensland North-east state of Australia

Queensland is the second-largest and third-most populous state in the Commonwealth of Australia. Situated in the north-east of the country, it is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean. To its north is the Torres Strait, with Papua New Guinea located less than 200 km across it from the mainland. The state is the world's sixth-largest sub-national entity, with an area of 1,852,642 square kilometres (715,309 sq mi).

Death

Menhennitt died suddenly at his North Balwyn home on 29 October 1979, the day before his 67th birthday, and was found by his driver, who had come to take him to the court. The Supreme Court held a special sitting in his honour the following day, whereupon Chief Justice Sir John Young paid tribute to Menhennitt's distinguished career.

See also

Judiciary of Australia

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

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References

Specific
  1. ↑ R v Davidson (Menhennitt ruling) [1969] VicRp 85 , [1969] VR 667(3 June 1969), Supreme Court (Vic,Australia).
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