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Monday, 25 August 1997
Page: 5558


Senator FAULKNER (Leader of the Opposition in the Senate)(3.26 p.m.) —On behalf of the opposition, I wish to support the condolence motion moved by the Leader of the Government in the Senate (Senator Hill) on the death of Sir Garfield Barwick. Sir Garfield Barwick was a person of substance who had a significant impact on Australian public life for over three decades—first, as an outstanding advocate, then as Attorney-General of Australia and Minister for External Affairs and, finally, as chief justice.

Sir Garfield won a scholarship to Sydney University, studying arts and then law before entering the New South Wales Bar in 1926. He practised extensively in all jurisdictions of the Supreme Court, the High Court and the Privy Council and, in 1941, was made a King's Counsel.

He was elected to the House of Representatives for the seat of Parramatta in the state of New South Wales at a by-election in March 1958 and, of course, held that seat until he retired from the parliament in 1964. During what was a comparatively short parliamentary career, he held two key portfolios. He was the Attorney-General and, in 1961, was given the additional portfolio of external affairs. He held both those positions until 1964. He retired from the parliament in 1964 and was appointed by Prime Minister Menzies as Chief Justice of the High Court on the same day. He served in that position from 1964 to 1981 to become Australia's longest serving chief justice.

Sir Garfield Barwick's name will be found on many of the pages of Australia's political and legal history. His extensive contribution as a senior conservative figure for so long was all the more remarkable because he came from a less than privileged background. But, whatever the achievements of Sir Garfield Barwick in these fields, within the Australian Labor Party his memory will always be associated with his role as chief justice in confirming Governor-General Kerr's decision to dismiss the Whitlam government in 1975.

On his death, as acting Leader of the Opposition, I recalled in a public statement that his biographer, David Marr, has written of Sir Garfield's role in proffering advice to Sir John Kerr that:

At the moment that called for the wisdom and restraint of a great judge, Barwick acted as an advocate.

With Sir Garfield Barwick's passing the opposition notes his contribution to national affairs—as I have said, a very significant contribution—and we do express our condolences to his family and his friends.