William Gummow | |||||||||
---|---|---|---|---|---|---|---|---|---|
Justice of the High Court of Australia | |||||||||
In office 21 April 1995 –8 October 2012 | |||||||||
Nominated by | Paul Keating | ||||||||
Appointed by | Bill Hayden | ||||||||
Preceded by | Sir Gerard Brennan | ||||||||
Succeeded by | Stephen Gageler | ||||||||
Non-Permanent Judge of the Court of Final Appeal of Hong Kong | |||||||||
Assumed office 29 July 2013 | |||||||||
Appointed by | Leung Chun-ying | ||||||||
Personal details | |||||||||
Born | William Montague Charles Gummow 9 October 1942 Sydney,New South Wales,Australia | ||||||||
Nationality | Australia | ||||||||
Occupation | Judge,barrister,solicitor | ||||||||
Chinese name | |||||||||
Chinese | 甘 慕 賢 | ||||||||
| |||||||||
William Montague Charles Gummow AC KC (born 9 October 1942) is a former Justice of the High Court of Australia,the highest court in the Australian court hierarchy. He was appointed to the Court of Final Appeal of Hong Kong on 8 April 2013 as a non-permanent judge from other common law jurisdictions. [1]
Justice Gummow completed his secondary education at Sydney Grammar School. He went on to study at the University of Sydney,where he graduated as Bachelor of Arts,and later Master of Laws,both with first-class honours. One of his lecturers was Sir Anthony Mason. [2]
Gummow first practiced as a solicitor with law firm Allen Allen and Hemsley. He was admitted as a solicitor in 1966 and became a partner of the firm in 1969. He had a diverse practice,including banking law,trusts and revenue law,intellectual property litigation,commercial transactions and some constitutional law. [2]
After 10 years in practice as a solicitor,Gummow was called to the New South Wales Bar in 1976. At the bar,his practice included equity,commercial,tax and intellectual property matters. It also included large constitutional issues and in several cases he appeared as a junior to then Commonwealth Solicitor-General,Maurice Byers. Gummow was appointed a Queen's Counsel in 1986. [2]
In 1986,Justice Gummow was appointed to the Federal Court of Australia. He was appointed to the High Court of Australia in April 1995. [2] He retired from the High Court on 8 October 2012,upon reaching the constitutionally mandatory retirement age of 70. [3] On 8 April 2013,he was appointed to the Court of Final Appeal of Hong Kong as a non-permanent judge from other common law jurisdictions. [1]
For 30 years,from the year of his graduation until his appointment as a judge,Gummow taught at the Faculty of Law at the University of Sydney. He lectured in equity from 1970 to 1995. [2] Gummow's essay Legal Education (1988) emphasised the importance of statutes and legal history;areas he considers were and are insufficiently taught in Australian law schools. He further advocated the need for practitioners in legal education,who were exposed to 'the law in action'. [4]
Following his retirement from the High Court of Australia,Gummow was appointed a Professor of the Sydney Law School,where he gives guest lectures, [5] and a professor at the Australian National University (ANU) College of Law, [6] where he teaches in the constitutional,equity,conflict of laws and refugee law programs.
Gummow's judgments are notable for their careful attention to statutory language and context,and are marked by a thorough and scholarly examination of doctrinal history. Gummow is particularly known for his contribution to intellectual property law and equity.
Any attempt to select notable judgments of Justice Gummow is made difficult because he is so often a participant in joint judgments,whose authorship cannot be attributed. However,some of his more notable individual opinions include: Breen v Williams , Kable v Director of Public Prosecutions for New South Wales , The Wik Peoples v The State of Queensland , Hill trading as R F Hill &Associates v Van Erp , Pyrenees Shire Council v Day , Scott v Davis , Roxborough v Rothmans of Pall Mall ,and Al-Kateb v Godwin .
Gummow is also the author of,or participant in,numerous leading judgments in intellectual property law. See,for example:Werner &Co v Bailey Aluminium Products (1989),Advanced Building Systems v Ramset Fasteners (1998),Prestige Group v Dart Industries (1990),ConAgra v McCain Foods (1992).
Statistics in recent years have consistently shown Justice Gummow to be most likely to participate or be joined in a majority opinion. He only dissented once in 2006,out of 55 judgments. [7] Justice Gummow also often joins with Justice Hayne;in 2006 this number was 40 (75.47%) joint judgments. Similarly,in the same year Justices Gummow and Hayne joined each other in judgment in all 11 constitutional cases. [7] : 198–199 Michael McHugh,who served on the court with Gummow for ten years,has called Gummow as a "great judicial politician",referring to his ability to convince other justices of the court to join in his opinions. [8]
Gummow has written extensively and has published numerous essays and articles.
He is the author of books including Change and Continuity:Statute,Equity,and Federalism,which is based upon the lectures he delivered at Oxford University in 1999 as part of the Clarendon law lectures series. These lectures take up themes of continuity and change in the law,particularly as they appear in the great common law jurisdictions.
He is a co-author of Jacobs' Law of Trusts in Australia,and Equity:Doctrines and Remedies ,the pre-eminent text on equity in Australia. Gummow also wrote,with Dyson Heydon and Robert Austin,several editions of Cases and Materials on Equity and Trusts (4th ed,1993).
Gummow is unmarried and protective of his personal life. [9]
In 2018,Gummow suffered a blood clot in a leg following a long-haul flight and had to have part of his leg amputated in Sydney. [10]
Gummow was appointed a Companion of the Order of Australia (AC),Australia's highest civil honour,in 1997, [11] and awarded the Centenary Medal in 2001. [12]
The University of Sydney honoured Gummow's scholarly contributions to the law by conferring him with an honorary doctorate in law (LLD). [2]
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However,equity is in some ways a separate system from common law:it has its own established rules and principles,and was historically administered by separate courts,called "courts of equity" or "courts of chancery".
Robin Brunskill Cooke,Baron Cooke of Thorndon,was a New Zealand judge and later a British Law Lord and member of the Judicial Committee of the Privy Council. He is widely considered one of New Zealand's most influential jurists,and is the only New Zealand judge to have sat in the House of Lords. He was a Non-Permanent Judge of the Court of Final Appeal of Hong Kong from 1997 to 2006.
Michael Donald Kirby is an Australian jurist and academic who is a former Justice of the High Court of Australia,serving from 1996 to 2009. He has remained active in retirement;in May 2013 he was appointed by the United Nations Human Rights Council to lead an inquiry into human rights abuses in North Korea,which reported in February 2014.
Anthony Murray Gleeson is an Australian former judge who served as the 11th Chief Justice of Australia,in office from 1998 to 2008.
Sir Harry Talbot Gibbs,was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981. He was known as one of Australia's leading federalist judges although he presided over the High Court when decisions such as Koowarta v Bjelke-Petersen in 1982 and Commonwealth v Tasmania expanded the powers of the Commonwealth at the expense of the states. Gibbs dissented from the majority verdict in both cases. On 3 August 2012,the Supreme Court of Queensland Library opened the Sir Harry Gibbs Legal Heritage Centre. It is the only legal heritage museum of its kind in Queensland and features a permanent exhibition dedicated to the life and legacy of Sir Harry Gibbs.
Kenneth Madison Hayne is a former Justice of the High Court of Australia,the highest court in the Australian court hierarchy.
John Dyson Heydon is a former Australian judge and barrister who served on the High Court of Australia from 2003 to 2013 and the New South Wales Court of Appeal from 2000 to 2003,and previously served as Dean of the Sydney Law School. He retired from the bench at the constitutionally-mandated age of 70 and went on to chair the Royal Commission into Trade Union Governance and Corruption between 2014 and 2015.
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 George Edward Rich was an Australian lawyer and judge who served on the High Court of Australia from 1913 to 1950. He is the second-longest-serving judge in the court's history,behind Edward McTiernan. He retired at the age of 87,making him the oldest person to sit on the court.
Sir Frank Walters Kitto,,Australian judge,was a Justice of the High Court of Australia.
Major General Sir William John Victor Windeyer,was an Australian judge,soldier,educator,and a Justice of the High Court of Australia.
Roderick Pitt Meagher was an Australian jurist and judge.
Robert Shenton French is an Australian lawyer and judge who served as the twelfth Chief Justice of Australia,in office from 2008 to 2017. He has been the chancellor of the University of Western Australia since 2017.
Sir Bernard Sugerman was an Australian barrister,legal scholar,and judge.
Stephen John Gageler is a Justice of the High Court of Australia. He was previously a barrister based in Sydney and the Solicitor-General of Australia,the Commonwealth's second-ranking law officer.
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.
Moses v Macferlan (1760) 2 Bur 1005 is a foundational case in the law of restitution holding that in certain circumstances such as when money is paid by mistake,for failed consideration or under oppression;the law will allow the money to be recovered.
Mark James Leeming is a judge of the Court of Appeal of the Supreme Court of New South Wales,the highest court in the State of New South Wales,Australia,which forms part of the Australian court hierarchy. He is one of the current authors of Meagher,Gummow &Lehane's Equity:Doctrines and Remedies.
Alan Robertson is a former judge of the Federal Court of Australia. He served as a deputy president of the Administrative Appeals Tribunal,and retired from the Court in May 2020 having reached the mandatory retirement age for federal judicial appointments.
{{cite journal}}
: Cite journal requires |journal=
(help) (2007) 30(1) University of New South Wales Law Journal 188.{{cite web}}
: CS1 maint: bot: original URL status unknown (link)