Brian Frank Martin
Encyclopedia
Brian Frank Martin AO
MBE QC
(born 2 November 1936) was the fourth Chief Justice
of the Supreme Court of the Northern Territory
. He was appointed to that position on 26 February 1993 when the former Chief Justice Austin Asche
took up appointment as Administrator of the Northern Territory
. Chief Justice Martin was appointed as a Judge
of the Court in 1987 and, following his retirement, still assists the Court as an Acting Judge having been appointed to that position in 2004.
He was, unusually, succeeded as Chief Justice by a person bearing the same first name and surname (Brian Ross Martin
). The two men are distinguished by their middle names - Brian 'Frank' Martin and Brian 'Ross' Martin. The judgments of the latter appear as Martin (BR) CJ to eliminate confusion.
in 1936 and attended the Lithgow High School. He commenced studying law in 1953 and was admitted to practice in 1959. He practised as a solicitor in Sydney
from 1959 - 1963.
between 1972 and 1975. He was an inaugural member of the Northern Territory Law Society when it was formed in 1968 and was the Alice Springs representative from 1970 to 1977 and its Vice-President from 1972 - 1973.
In 1978 Chief Justice Martin chaired a committee established by the new Northern Territory Government
to inquire into the welfare needs of the Northern Territory. In 1980 he was appointed to chair a Committee of Inquiry into pastoral land tenure in the Northern Territory. He was also appointed that year to the Board of Directors of the Australian Bicentennial Authority and was Chairman of the Northern Territory Council of the Authority until 1989.
. In 1982 he was appointed as a Queen's Counsel
and was awarded an MBE
.
He resigned as Secretary of the Department of Law on 3 May 1986 but stayed on as Solicitor-General until he was appointed as a Judge
of the Supreme Court of the Northern Territory on 30 September 1987.
He was appointed as an Officer of the Order of Australia
in 1989.
As Chief Justice he was a strong defender of the independence of the judiciary and was an even stronger supporter of the Independent Bar. He was the first Northern Territory Chief Justice to use technology such as the internet to display sentencing remarks. He also oversaw the introduction of videoconferencing and implemented the first regular sittings of the Court at Katherine
.
During his time as Chief Justice he was Chairman of the Northern Territory Parole Board and held a commission as Acting Administrator
.
He retired on 31 October 2003 and still lives in Darwin
.
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
MBE QC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
(born 2 November 1936) was the fourth Chief Justice
Chief Justice of the Northern Territory
The title of Chief Justice of the Northern Territory refers to the highest judicial position in the Supreme Court of the Northern Territory. The position is currently held by Trevor Riley.-History of the Chief Justice of the Northern Territory:...
of the Supreme Court of the Northern Territory
Supreme Court of the Northern Territory
The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters...
. He was appointed to that position on 26 February 1993 when the former Chief Justice Austin Asche
Austin Asche
Keith John Austin Asche, AC, QC is a former Administrator of the Northern Territory and was the third Chief Justice of the Supreme Court of the Northern Territory.-Early years, education and family:...
took up appointment as Administrator of the Northern Territory
Administrator of the Northern Territory
The Administrator of the Northern Territory is an official appointed by the Governor-General of Australia to exercise powers analogous to that of a state governor...
. Chief Justice Martin was appointed as a Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the Court in 1987 and, following his retirement, still assists the Court as an Acting Judge having been appointed to that position in 2004.
He was, unusually, succeeded as Chief Justice by a person bearing the same first name and surname (Brian Ross Martin
Brian Ross Martin
Brian Ross Martin AO QC was the Chief Justice of the Supreme Court of the Northern Territory from 2004 to 2010. He was sworn in as the Northern Territory's fifth Chief Justice on 27 January 2004 following the retirement of Brian Frank Martin.At the time of his appointment he was a judge of the...
). The two men are distinguished by their middle names - Brian 'Frank' Martin and Brian 'Ross' Martin. The judgments of the latter appear as Martin (BR) CJ to eliminate confusion.
Education and pre-Northern Territory
Chief Justice Martin was born in Lithgow, New South WalesNew South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
in 1936 and attended the Lithgow High School. He commenced studying law in 1953 and was admitted to practice in 1959. He practised as a solicitor in Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
from 1959 - 1963.
Alice Springs
In pursuit of establishing a country law practice, he moved to Alice Springs in 1963 and, along with Ian Barker, was one of only two solicitors in the town at that time. Together they established the firm of Martin and Barker. He was to stay at Alice Springs until 1981. Whilst there he was appointed to the Alice Springs Town Management Board and served there from 1968 - 1971. He also served terms as Alderman, Deputy Mayor and MayorMayor
In many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
between 1972 and 1975. He was an inaugural member of the Northern Territory Law Society when it was formed in 1968 and was the Alice Springs representative from 1970 to 1977 and its Vice-President from 1972 - 1973.
In 1978 Chief Justice Martin chaired a committee established by the new Northern Territory Government
Government of the Northern Territory
The Northern Territory is governed according to the principles of the Westminster system, a form of parliamentary government based on the model of the United Kingdom...
to inquire into the welfare needs of the Northern Territory. In 1980 he was appointed to chair a Committee of Inquiry into pastoral land tenure in the Northern Territory. He was also appointed that year to the Board of Directors of the Australian Bicentennial Authority and was Chairman of the Northern Territory Council of the Authority until 1989.
Darwin and beyond
Chief Justice Martin was appointed as Northern Territory Solicitor-General and Secretary of the Department of Law in 1981 and relocated to DarwinDarwin, Northern Territory
Darwin is the capital city of the Northern Territory, Australia. Situated on the Timor Sea, Darwin has a population of 127,500, making it by far the largest and most populated city in the sparsely populated Northern Territory, but the least populous of all Australia's capital cities...
. In 1982 he was appointed as a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
and was awarded an MBE
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
.
He resigned as Secretary of the Department of Law on 3 May 1986 but stayed on as Solicitor-General until he was appointed as a Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
of the Supreme Court of the Northern Territory on 30 September 1987.
He was appointed as an Officer of the Order of Australia
Order of Australia
The Order of Australia is an order of chivalry established on 14 February 1975 by Elizabeth II, Queen of Australia, "for the purpose of according recognition to Australian citizens and other persons for achievement or for meritorious service"...
in 1989.
As Chief Justice he was a strong defender of the independence of the judiciary and was an even stronger supporter of the Independent Bar. He was the first Northern Territory Chief Justice to use technology such as the internet to display sentencing remarks. He also oversaw the introduction of videoconferencing and implemented the first regular sittings of the Court at Katherine
Katherine, Northern Territory
Katherine is a town situated southeast of Darwin in the "Top End" of Australia in the Northern Territory. It is the fourth largest settlement in the Territory after the capital Darwin, Palmerston and Alice Springs...
.
During his time as Chief Justice he was Chairman of the Northern Territory Parole Board and held a commission as Acting Administrator
Administrator of the Northern Territory
The Administrator of the Northern Territory is an official appointed by the Governor-General of Australia to exercise powers analogous to that of a state governor...
.
He retired on 31 October 2003 and still lives in Darwin
Darwin, Northern Territory
Darwin is the capital city of the Northern Territory, Australia. Situated on the Timor Sea, Darwin has a population of 127,500, making it by far the largest and most populated city in the sparsely populated Northern Territory, but the least populous of all Australia's capital cities...
.