Robert French | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Chief Justice of Australia | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
In office 1 September 2008 –29 January 2017 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Nominated by | Kevin Rudd | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Appointed by | Michael Jeffery | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Preceded by | Murray Gleeson | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Succeeded by | Susan Kiefel | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Personal details | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Born | 1947 (age 76–77) Perth,Western Australia | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Spouse | Valerie J. French | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Education | University of Western Australia | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Chinese name | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Chinese | 范 禮 全 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Robert Shenton French AC (born 1947) is an Australian lawyer. He is a former judge of the Federal Court of Australia and was Chief Justice of the High Court of Australia from 2008 to 2017. In 2017 French became an overseas non-permanent judge of the Hong Kong Court of Final Appeal,and was appointed chancellor of the University of Western Australia.
French was born in Perth,Western Australia, [1] in 1947. [2]
He was educated at St. Louis School (now John XXIII College) in Perth. [3] [ citation needed ] In 1964 he was one of two students from Western Australia to attend the International Science School,then known as the Nuclear Research Foundation Summer Science School,at the University of Sydney. [4]
French attended the University of Western Australia (UWA) in Perth,where he graduated with a Bachelor of Science in physics in 1968. [5] [6] [1] He then continued with further study at UWA,earning a Bachelor of Laws in 1971. He said later that he had enrolled in law "with no particular idea of being a lawyer",but after realising that he "was not going to be a great theoretical physicist". [7] He was president of the university's Liberal Club at UWA. [8]
In 1969,at the age of 22,French contested the safe Labor Federal seat of Fremantle for the Liberal Party,which he lost to Kim Beazley,Sr. [8] He later said:"Fortunately I lost. I do not think I would have made a very good politician... It was an enjoyable learning experience. It involved the kind of valuable interaction with people whom I would never normally have encountered. That has served me well in later life." [9] He is a close friend of Kim Beazley,Jr. [1]
In 1972,French was admitted as a barrister and solicitor in Western Australia. [4] [1] He worked on important cases,such as the High Court case,Yager v The Queen, [10] which focused on complex matters of law and botanical science. [11]
The Hawke government appointed French to the Federal Court in 1986,at the age of 39. [12]
During the Tampa Affair in 2001,French was part of the Full Court of the Federal Court that reversed the order of habeas corpus that had been earlier granted by a single judge. [13]
On 30 July 2008,Prime Minister Kevin Rudd announced that French would succeed Murray Gleeson as Chief Justice of the High Court of Australia. [14] He was sworn in on 1 September 2008. [15] He became the first chief justice from Western Australia,and the third justice overall (after Sir Ronald Wilson and John Toohey). [1] He was the first Chief Justice of the High Court not to have taken silk at appointment.[ citation needed ]
On 18 January 2017,French was appointed a non-permanent judge of the Court of Final Appeal of the Hong Kong Special Administrative Region. He was given the Chinese name "范禮全" by the Hong Kong Judiciary. [16] [2] He remains in the position as of June 2024 [update] ,along with other Australian judges Patrick Keane,William Gummow,and James Allsop,after British judge Jonathan Sumption resigned,criticising the judiciary of Hong Kong after 14 prominent democratic activists were convicted for subversion. [17]
French retired as Chief Justice on 29 January 2017. He was succeeded by Susan Kiefel. [18]
He has served as an international commercial court judge on the DIFC Courts in Dubai. [19]
French held a number of other positions during his time as Chief Justice,notably serving as chancellor of Edith Cowan University (1991–1997),chairman of the National Native Title Tribunal (1994–1998),and on the Supreme Court of Fiji (2003–2008). [1] After his retirement from the position,on 20 June 2017,UWA announced French's appointment as its 15th chancellor. He succeeded Michael Chaney AO as chancellor in November 2017. [20] [21] He is due to end his term at the end of 2024. [22]
He was part-time Commissioner of the Australian Law Reform Commission (2006–2008),Additional Judge of the Supreme Court of the ACT (2004–2008),council member of the Australian Institute of Judicial Administration (1992–1998),chancellor of Edith Cowan University (1991–1997),member of the Law Reform Commission of Western Australia (1986),chairman of the Town Planning Appeals Tribunal of Western Australia (1986),associate member of the Australian Trade Practices Commission (1983–1986),member of the Legal Aid Commission of Western Australia (1983–1986),member of the Barristers' Board of Western Australia (1979–1986),and chairman of the Aboriginal Legal Service of Western Australia (1973–1975). [3] [ citation needed ]
Although once the President of the Liberal Club of the University of Western Australia,French's views are described as being closer to socially progressive, [23] small–l liberal, [24] and moderate. [25]
French said in a WA Law Society speech in May 2008: [1]
"It is unacceptable in contemporary Australia that the legal head of the Australian state... can never be chosen by the people or their representatives,cannot be other than a member of the Anglican Church,can never be other than British and can never be an indigenous person."
Justice French is known for working for the rights of Indigenous Australians:in the early 1970s,he helped found the WA Aboriginal Legal Service. [1] He was also the first president of the National Native Title Tribunal,from 1994 to 1998. [21]
At his swearing-in ceremony as Chief Justice,French specifically referred to the long history of Indigenous Australia:
Recognition of their presence is no mere platitude. The history of Australia's Indigenous people dwarfs,in its temporal sweep,the history that gave rise to the Constitution under which this court was created. Our awareness and recognition of that history is becoming,if it has not already become,part of our national identity. [26]
However,the "French Testing" incident has coloured the legacy of French on Indigenous issues. French admitted his "error" when he explained the incident: [27]
As I soon discovered,the responsibilities of an administrator trying to develop procedures to implement a legal process are very different from those of a judge required to decide a particular case about whether an administrator's decision is legally flawed. The Tribunal was judicially reviewed on many occasions. The high point or low point,depending on your point of view,occurred after I had refused registration of a claim by the Waanyi people over land the subject of the proposed Century Zinc mine in North Queensland. I refused registration on the basis that the application could not succeed because of the extinguishing effects of historical pastoral leases in the area. I took the view that observations about the extinguishing effects of leases made by Brennan J in Mabo put the matter beyond doubt. My refusal to register the claim was an administrative act in the application of a test designed to screen out hopeless claims. The decision was overturned by the High Court in North Ganalanja[2] with such moral enthusiasm that the Court gave judgment immediately and reasons later. In so doing,it described my approach as "tantamount to a proleptic exercise of federal jurisdiction". To add insult to injury,members of the Waanyi people were sitting in Court wearing T-shirts with the message "Ban French Testing". I have no doubt,in retrospect,that I was properly found to have been in error. The considerations influencing my approach were those of the administrator,the urgent need to get the process moving and to establish its credibility in the face of ongoing attacks. There was a legal bottleneck on the issue of the relationship between pastoral leases and native title which was not resolved until the decision in Wik. Many ill-prepared applications were being lodged and upon registration were entitled to procedural rights affecting third party interests particularly in relation to mining and the release of Crown land for development around regional centres. I learned a useful lesson from all of this and that is that the worldview and culture of the administrator which I had adopted is very different from that of the courts.
In an address at the National Press Club on 5 October 2023,French spoke in favour of establishing the Indigenous Voice to Parliament,ahead of the referendum on the matter. He criticised the No campaign's slogan,"if you don't know,vote no",as well as some of their main arguments against the Voice,including their argument that it posed a legal risk,dismissing this as "misguided". [28] [29] [30] French also observed that the Voice would instead “provide a new impetus and new mechanism to address the generational effects of the collision of our histories”and will do so by providing an opportunity for “coordinated,national advice from a First People’s body”. [31]
French married Valerie J. French,who completed her LL.B. at UWA in 1971 and has served as the president of the Children's Court of Western Australia. [6] [35]
French is a fan of the Fremantle Dockers AFL team, [36] and likes science fiction. [37]
A judge is a person who presides over court proceedings,either alone or as a part of a panel of judges. In an adversarial system,the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case,assesses the credibility and arguments of the parties,and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and,typically,in an open court.
Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is,courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.
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.
Anthony Murray Gleeson is an Australian former judge who served as the 11th Chief Justice of Australia,in office from 1998 to 2008.
Sir Francis Gerard Brennan was an Australian lawyer and jurist who served as the 10th Chief Justice of Australia. As a judge in the High Court of Australia,he wrote the lead judgement on the Mabo decision,which gave rise to the Native Title Act.
Sir Noel Plunkett Power,was a senior judge in Hong Kong and Brunei Darussalam. He had been a barrister-at-law in his home-country Australia when he joined the judiciary of Hong Kong in 1965 as a magistrate in the Lands Tribunal. Since then,he had been successively promoted as President of the Lands Tribunal,a puisne judge of the Supreme Court and Vice-President of the Court of Appeal. In 1996,he became acting Chief Justice of the Supreme Court when Sir Ti-liang Yang resigned and contested for the first ever election of the Chief Executive. After the transfer of sovereignty over Hong Kong from Britain to People's Republic of China in 1997,he was appointed Vice-President of the Court of Appeal of the High Court. He retired from the High Court in 1999 but remained as a non-permanent judge of the Court of Final Appeal.
The Hong Kong Court of Final Appeal (HKCFA) is the final appellate court of Hong Kong. It was established on 1 July 1997,upon the establishment of the Hong Kong Special Administrative Region,replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Hong Kong Basic Law,the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court.
The Judiciary of the Hong Kong Special Administrative Region is the judicial branch of the Hong Kong Special Administrative Region. Under the Basic Law of Hong Kong,it exercises the judicial power of the Region and is independent of the executive and legislative branches of the Government. The courts in Hong Kong hear and adjudicate all prosecutions and civil disputes,including all public and private law matters.
The Dubai International Financial Centre (DIFC) is a special economic zone in Dubai covering 110 ha,established in 2004 as a financial hub for companies operating throughout the Middle East,Africa,and South Asia (MEASA) markets.
Wayne Stewart Martin is a lawyer and former judge who served as Chief Justice of Western Australia from 2006 until 2018,and Lieutenant-Governor of Western Australia from 2009 to 2019.
Monash University Faculty of Law,or Monash Law School,is the law school of Monash University. Founded in 1964,it is based in Melbourne,Victoria and has campuses in Malaysia and Italy. It is consistently ranked as one of the top law schools in Australia and globally,and entry to its Bachelor of Laws (LLB) programme is highly competitive.
In most legal jurisdictions,a supreme court,also known as a court of last resort,apex court,and highcourt of appeal,and court of final appeal,is the highest court within the hierarchy of courts. Broadly speaking,the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts,hearing appeals from decisions of lower trial courts,or from intermediate-level appellate courts. A supreme court can also,in certain circumstances,act as a court of original jurisdiction.
Clayton Utz is an Australian law firm headquartered in Sydney. Established in 1833,it is a large-sized firm,known as one of the big six Australian law firms. The firm is recognised for its litigation practice,government clients,pro bono services and high-profile alumni. In 2013,the firm had an annual revenue of $436 million. As of 2021 it had 179 partners and 1,600 personnel in six offices.
James Leslie Bain Allsop is an Australian judge,currently serving as a foreign Non-Permanent Judge of the Hong Kong Court of Final Appeal. He was the Chief Justice of the Federal Court of Australia,in office from 1 March 2013 to 6 April 2023. He was also previously President of the New South Wales Court of Appeal,where he presided from 2 June 2008 to 28 February 2013. In 2024,he was appointed as an International Judge to the Singapore International Commercial Court.
Patrick Anthony Keane is an Australian judge currently serving as a non-permanent judge of the Hong Kong Court of Final Appeal since 6 April 2023,after his retirement as a Justice of the High Court of Australia. He is currently the Chair of the Expert Advisory Group set up by the Australian Government to guide reforms to the Administrative Appeals Tribunal. He is a former Chief Justice of the Federal Court of Australia.
Geoffrey Ma Tao-li is a retired Hong Kong judge who served as the 2nd Chief Justice of the Hong Kong Court of Final Appeal—the court of last resort in Hong Kong. Between 2001 and 2010,he held various positions in the High Court of Hong Kong,including Chief Judge,Justice of Appeal,and Judge of the Court of First Instance. Before his judicial career,he was a barrister-at-law in private practice at Temple Chambers,and was qualified to practice in England and Wales,Hong Kong,Australia and Singapore.
Michael John HartmannGBS is a senior judge. He is Chairman of the Market Misconduct Tribunal and the Securities and Futures Appeals Tribunal in Hong Kong.
King &Wood Mallesons (KWM) is an international commercial law firm based in Asia-Pacific. It is the largest international law firm in Asia-Pacific. It has 26 offices and more than 3,000 legal professionals across Australia,China,Hong Kong,Japan,Singapore and the United States.