Dyson Heydon
Encyclopedia
John Dyson Heydon AC
QC (born 1 March 1943 in Ottawa
, Canada
) is a Justice of the High Court of Australia
; the highest court in the Australian court hierarchy
.
and an MA and BCL from University College, Oxford
. He was a Rhodes Scholar. He was a Fellow of Keble College Oxford, teaching public international law in the early 1970s.
Law School 1978 – 1979. He was appointed as a Queen's Counsel
(QC) in 1987.
At age 30, Heydon became a Professor of law at the University of Sydney
, the youngest person to reach that position.
Heydon was appointed as a Judge of the Court of Appeal of the Supreme Court of New South Wales
in 2000.
He was appointed as a justice of the High Court in February 2003, a position he still holds.
Under the Australian Constitution he must retire from the High Court by 2013 when he will be 70.
Heydon is known to be a conservative judge and has spoken out against judicial activism (judges who assume a law making role). His publicly expressed views, made whilst a New South Wales judge, were described by contemporaneous commentators as a "job application" for appointment to the High Court by the conservative government of Prime Minister John Howard
.
He is also a legal scholar. He joined Sir James Gobbo
and David Byrne to co-author the second Australian edition of Cross on Evidence in 1980, and became sole author of subsequent editions. He has also written The Restraint of Trade Doctrine and has taken over his colleague Justice Gummow
as one of the editors of Meagher
, Gummow
, and Lehane's Equity: Doctrines and Remedies
.
As of August 2011, Justice Heydon had increased his dissent rate to 47.6%, dissenting most notably in the Plaintiff M70/2011 v Minister for Immigration and Citizenship (the Malaysian asylum seeker swap case) and Wainohu v New South Wales (the NSW "bikie laws" case).
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"...
QC (born 1 March 1943 in Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
) is a Justice of the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
; the highest court in the Australian court hierarchy
Australian court hierarchy
There are two streams within the hierarchy of Australian courts, the federal stream and the state and territory stream. While the federal courts and the court systems in each state and territory are separate, the High Court of Australia remains the ultimate court of appeal for the Australian...
.
Education
After matriculating from Shore School, Heydon received a BA from Sydney UniversityUniversity of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
and an MA and BCL from University College, Oxford
University College, Oxford
.University College , is a constituent college of the University of Oxford in England. As of 2009 the college had an estimated financial endowment of £110m...
. He was a Rhodes Scholar. He was a Fellow of Keble College Oxford, teaching public international law in the early 1970s.
Judicial activity
Heydon was admitted to the New South Wales Bar in 1973. He was elected Dean of the University of SydneyUniversity of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
Law School 1978 – 1979. 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...
(QC) in 1987.
At age 30, Heydon became a Professor of law at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
, the youngest person to reach that position.
Heydon was appointed as a Judge of the Court of Appeal of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
in 2000.
He was appointed as a justice of the High Court in February 2003, a position he still holds.
Under the Australian Constitution he must retire from the High Court by 2013 when he will be 70.
Heydon is known to be a conservative judge and has spoken out against judicial activism (judges who assume a law making role). His publicly expressed views, made whilst a New South Wales judge, were described by contemporaneous commentators as a "job application" for appointment to the High Court by the conservative government of Prime Minister John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
.
He is also a legal scholar. He joined Sir James Gobbo
James Gobbo
Sir James Augustine Gobbo, AC, CVO, KStJ, QC was an Australian jurist and was the 25th Governor of Victoria.-Family:...
and David Byrne to co-author the second Australian edition of Cross on Evidence in 1980, and became sole author of subsequent editions. He has also written The Restraint of Trade Doctrine and has taken over his colleague Justice Gummow
William Gummow
William Montague Charles Gummow AC is a Justice of the High Court of Australia, the highest court in the Australian court hierarchy.-Biography:...
as one of the editors of Meagher
Roderick Meagher
Roderick Pitt "Roddy" Meagher AO QC was an Australian Jurist and former judge.-Early years and education:Meagher was a descendant of William Pitt the Younger and a cousin of Patrick White. His family owned a chain of country stores...
, Gummow
William Gummow
William Montague Charles Gummow AC is a Justice of the High Court of Australia, the highest court in the Australian court hierarchy.-Biography:...
, and Lehane's Equity: Doctrines and Remedies
Equity: Doctrines and Remedies
Equity: Doctrines and Remedies is a scholarly legal textbook originally composed by Justice Roderick Meagher, Justice William Gummow and Justice John Lehane. It is the preeminent publication on Equity in Australia and is highly regarded in common law jurisdictions because it is written by senior...
.
As of August 2011, Justice Heydon had increased his dissent rate to 47.6%, dissenting most notably in the Plaintiff M70/2011 v Minister for Immigration and Citizenship (the Malaysian asylum seeker swap case) and Wainohu v New South Wales (the NSW "bikie laws" case).