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Thursday, 2 November 2000
Page: 22110


Mr McClelland asked the Attorney-General, upon notice, on 15 August 2000:

(1) Which Australian judges and former judges have served as judges in overseas countries.

(2) In what country and for what period has each judge served.


Mr Williams (Attorney-General) —The answer to the honourable member's question is as follows:

(1) (i) I am advised by the High Court as follows:

At the time of his swearing-in as a Justice of the High Court on 6 February 1996, Justice Michael Kirby was President of the Court of Appeal of the Solomon Islands. However, he did not sit as a member of the Solomon Islands Court of Appeal after being sworn-in as a Justice of the High Court and he resigned the appointment a few months later.

The following former Chief Justices and Justices of the High Court were members of the Privy Council:

Chief Justices

Term of Office

Sir Harry Gibbs

1981-87

Sir Garfield Barwick

1964-81

Sir Owen Dixon

1952-64

Sir John Latham

1935-52

Sir Frank Gavan Duffy

1931-35

Sir Isaac Isaacs

1930-31

Sir Adrian Knox

1919-30

Sir Samuel Griffith

1903-19

Justices

Term of Office

Sir Ninian Stephen

1972-82

Sir Harry Gibbs

1970-81

Sir Cyril Walsh

1969-73

Sir William Owen

1961-72

Sir William Windeyer

1958-72

Sir Douglas Menzies

1958-74

Sir Alan Taylor

1952-69

Sir Frank Kitto

1950-70

Sir Edward McTiernan

1930-76

Justice Herbert Evatt

1930-40

Sir Owen Dixon

1929-52

Sir George Rich

1913-50

Sir Frank Gavan Duffy

1913-31

Sir Isaac Isaacs

1906-30

Sir Edmund Barton

1903-20

Sir Garfield Barwick was also a Judge ad hoc with the International Court of Justice between 1973-74.

Sir William Webb, a former Justice, was President of the International Military Tribunal for the Far East between 1946-48.

I am also advised that several former Justices of the High Court have been appointed to overseas courts following their retirement from the Court. For example, Sir Anthony Mason, Sir Gerard Brennan and Sir Daryl Dawson were appointed to the Hong Kong Court of Final Appeal; Sir Harry Gibbs was appointed to the Court of Appeal of Kiribati and Sir Anthony Mason, Sir Gerard Brennan and the Honourable John Toohey were appointed to the Court of Appeal in Fiji. In addition, Sir Ninian Stephen was appointed to the War Crimes Tribunal in The Hague. However, as records are not maintained of appointments held by retired judges after they retire, the foregoing information may not be complete.

(ii) I am advised by the Federal Court that the following judges and former judges of the Federal Court hold, or held, commissions on overseas courts:

Judges

The Hon Justice Bryan Beaumont

The Hon Justice Marcus Einfeld

The Hon Justice John von Doussa

The Hon Justice Peter Heerey

FormerJudges

The Hon Robert St John

The Hon Trevor Morling

The Hon Justice James Burchett

(iii) The Chief Justice of the Family Court has advised that he is of the belief that there have been no judges of the Family Court who have served as judges in overseas countries in the period since his appointment to the Court in 1988.

(2) (i) I am advised by the High Court that:

Justices of the High Court who were Members of the Privy Council sat in London.

Sir William Webb sat in Tokyo as President of the International Military Tribunal for the Far East.

Court records do not disclose when the members of the Privy Council sat in London nor when, or where, Sir Garfield Barwick sat as a Judge ad hoc of the International Court of Justice.

(ii) I am advised that the following judges and former judges of the Federal Court, while judges of that Court, served as judges in the overseas countries and for such periods as indicated:

Judges

Name

App't

Court

Country

Sitting Period

The Hon Justice Bryan Beaumont

1997-1997-1993-

Judge, Court of AppealPrivy CouncillorActing Judge, Supreme Court

TongaTongaVanuatu

N/AN/A 6 wks

The Hon Justice Marcus Einfeld

1996-1996-

Judge, Supreme CourtJudge, High Court of Justice

Eastern CaribbeanDominica

N/AN/A

The Hon Justice John von Doussa

1998-1997-1993

Acting Judge, Supreme CourtActing Judge, Supreme CourtActing Judge, Supreme Court

VanuatuVanuatuVanuatu

N/AN/A6 wks

The Hon Justice Peter Heerey

1992

Judge, Supreme Court

Vanuatu

4 wks

Former Judges

Name

App't

Court

Country

Sitting Period

The Hon Justice James Burchett

1994-1993-

Privy CouncillorJudge, Court of Appeal,

TongaTonga

N/AN/A

The Hon Trevor Morling

1992-931992-931991-921991-921991-92

Member, Court of AppealJudge, Supreme Court Member, Court of AppealMember, Court of AppealMember, Court of Appeal

Western SamoaTongaWestern SamoaVanuatuTonga

2 wks2 wksN/AN/AN/A

The Hon Justice Robert St John

1980-82

Chief Justice, Supreme Court

Western Samoa

N/A