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 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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 is given a Chinese name "范禮全" by the Hong Kong Judiciary. [16] [2]
French retired as Chief Justice on 29 January 2017. He was succeeded by Susan Kiefel. [17]
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. [18] [19]
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, [20] small–l liberal, [21] and moderate. [22]
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. [19]
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. [23]
However,the "French Testing" incident has coloured the legacy of French on Indigenous issues. French admitted his "error" when he explained the incident: [24]
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". [25] [26] [27] 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”. [28]
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] [32]
French is a fan of the Fremantle Dockers AFL team, [33] and likes science fiction. [34]
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.
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation.
Edith Cowan University (ECU) is a public research university in Western Australia. It is named in honour of the first woman to be elected to an Australian parliament,Edith Cowan,and is the only Australian university named after a woman. It is the second-largest university in the state with over 30,000 students in 2023. Gaining university status in 1991,it was formed from an amalgamation of tertiary colleges with a history dating back to 1902 when the Claremont Teachers College was established,making it the modern descendant of the first tertiary institution in Western Australia.
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.
Native title refers to rights,recognised by Australian law,held by Aboriginal and Torres Strait Islander groups or individuals to land that derive from their maintenance of their traditional laws and customs. These Aboriginal title rights were first recognised as a part of Australian common law with the decision of Mabo v Queensland in 1992. The doctrine was subsequently implemented and modified via statute with the Native Title Act 1993.
John Leslie Toohey,AC,QC was an Australian judge who was a Justice of the High Court of Australia from 1987 to 1998.
There are various levels of judiciary in England and Wales—different types of courts have different styles of judges. They also form a strict hierarchy of importance,in line with the order of the courts in which they sit,so that judges of the Court of Appeal of England and Wales are given more weight than district judges sitting in county courts and magistrates' courts. On 1 April 2020 there were 3,174 judges in post in England and Wales. Some judges with United Kingdom-wide jurisdiction also sit in England and Wales,particularly Justices of the United Kingdom Supreme Court and members of the tribunals judiciary.
Monash University Faculty of Law,or Monash Law School,is the law school of Monash University. Founded in 1963,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,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,however,this is typically limited to constitutional law.
Aziz Mushabber Ahmadi was an Indian judge who was the 26th Chief Justice of India. After serving as a judge in the Gujarat High Court,Ahmadi was appointed judge to the Supreme Court in 1988. He was then elevated to the post of Chief Justice,and served from 1994 to 1997. He served as chancellor at the Aligarh Muslim University for two terms.
Clayton Utz is an Australian law firm headquartered in Sydney. Established in 1833,it is 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.
Sir John Alfred Northmore KCMG was a Chief Justice of the Supreme Court of Western Australia,which is the highest ranking court in the state of Western Australia. Northmore was appointed a judge of the Supreme Court in 1914 before being appointed Chief Justice in 1931. He retired in 1945 and died in 1958. He also served as Administrator of Western Australia from 1931 to 1933,fulfilling the functions of Governor after financial straits prevented a permanent successor to Governor Sir William Campion.
Sir Richard Arthur Blackburn,was an Australian judge,prominent legal academic and military officer. He became a judge of three courts in Australia,and eventually became chief justice of the Australian Capital Territory. In the 1970s he decided one of Australia's earliest Aboriginal Land rights cases. The annual Sir Richard Blackburn Memorial lectures in Canberra commemorate his service to the Australian legal community.
St. Louis School was a Catholic boys' school in Claremont,Western Australia,between 1938 and 1976.
Michael Laurence Barker is a former Australian judge who served as a Judge of the Federal Court of Australia from 9 February 2009 to 11 February 2019. He previously served as a Judge of the Supreme Court of Western Australia and as President of the Western Australian State Administrative Tribunal.
Malcolm James McCusker is an Australian barrister and philanthropist who was the 31st Governor of Western Australia,serving from July 2011 to June 2014.
The Law of Nigeria consists of courts,offences,and various types of laws. Nigeria has its own constitution which was established on 29 May 1999. The Constitution of Nigeria is the supreme law of the country. There are four distinct legal systems in Nigeria,which include English law,Common law,Customary law,and Sharia Law. English law in Nigeria is derived from the colonial Nigeria,while common law is a development from its post-colonial independence.
The UWA Law School is the law school of the University of Western Australia,located in Perth,Western Australia.