Frank Gavan Duffy
Encyclopedia
Sir Frank Gavan Duffy, KCMG
, PC
, QC
(29 February 1852 – 29 July 1936), Australia
n judge
, was the fourth Chief Justice
of the High Court of Australia
, sitting on the bench of the High Court from 1913 to 1935.
, on 29 February 1852, the son of Sir Charles Gavan Duffy
, who was later to become a member of the Victorian Legislative Assembly
, and the eighth Premier of Victoria
.
He travelled to Australia with his family in 1856, but later went to England to study at Stonyhurst College
. In 1869 Duffy returned to Australia and attended the University of Melbourne
, graduating in 1872 with a Bachelor of Arts.
At this time, he began to work in the public service, and started to study law.
Duffy was caught up in the financial crisis of 1893, but over time paid back his debts. He was appointed a Queen's Counsel
in 1900, and between 1902 and 1910 he lectured on contract law
at the University of Melbourne
. In 1907, Duffy became the editor of the Victorian Law Reports
. By 1910, Duffy was widely regarded as the most prominent Victorian
lawyer, and the unofficial leader of the Victorian Bar.
in 1913. Seventeen years later, in 1931, when Sir Isaac Isaacs
was made Governor-General
, he took over as Chief Justice of the High Court. He retired from the bench in 1935 at age eighty-three. He had planned to deliver a series of lectures on Australian constitutional law
at Harvard University
's tercentenary early in 1936, but was too ill. He died after a brief illness on 29 July 1936. He was survived by his wife and three sons, among them Charles Leonard Gavan Duffy, later a Justice of the Supreme Court of Victoria
.
(KCMG) in 1929. Duffy had been made a member of the Privy Council
in 1932.
(born 1882), was an Irish politician and later (from 1936) a judge of the Irish High Court, serving as its President from 1946 until his death in 1951.
Order of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is an order of chivalry founded on 28 April 1818 by George, Prince Regent, later George IV of the United Kingdom, while he was acting as Prince Regent for his father, George III....
, PC
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
, 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...
(29 February 1852 – 29 July 1936), Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
n 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...
, was the fourth Chief Justice
Chief Justice of Australia
The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia...
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...
, sitting on the bench of the High Court from 1913 to 1935.
Early life
Duffy was born in Dublin, IrelandIreland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, on 29 February 1852, the son of Sir Charles Gavan Duffy
Charles Gavan Duffy
Additional Reading*, Allen & Unwin, 1973.*John Mitchel, A Cause Too Many, Aidan Hegarty, Camlane Press.*Thomas Davis, The Thinker and Teacher, Arthur Griffith, M.H. Gill & Son 1922....
, who was later to become a member of the Victorian Legislative Assembly
Victorian Legislative Assembly
The Victorian Legislative Assembly is the lower house of the Parliament of Victoria in Australia. Together with the Victorian Legislative Council, the upper house, it sits in Parliament House in the state capital, Melbourne.-History:...
, and the eighth Premier of Victoria
Premiers of Victoria
The Premier of Victoria is the leader of the government in the Australian state of Victoria. The Premier is appointed by the Governor of Victoria, and is the leader of the political party able to secure a majority in the Legislative Assembly....
.
He travelled to Australia with his family in 1856, but later went to England to study at Stonyhurst College
Stonyhurst College
Stonyhurst College is a Roman Catholic independent school, adhering to the Jesuit tradition. It is located on the Stonyhurst Estate near the village of Hurst Green in the Ribble Valley area of Lancashire, England, and occupies a Grade I listed building...
. In 1869 Duffy returned to Australia and attended the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
, graduating in 1872 with a Bachelor of Arts.
At this time, he began to work in the public service, and started to study law.
Legal career
In 1874, Duffy was called to the Victorian Bar, and began practising as a barrister in 1875. Over the next few years, Duffy contributed to the second edition of Casey's Justices Manual, published in 1879, and in the same year founded the Australian Law Times. He edited this publication until 1883. Over the next twenty years, Duffy published many more works on various pieces of legislation.Duffy was caught up in the financial crisis of 1893, but over time paid back his debts. He was appointed 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...
in 1900, and between 1902 and 1910 he lectured on contract law
Australian contract law
Australian contract law is based on the inherited English contract law, with specific statutory modifications of principles in some areas. Australian law has developed through the decisions of Australian courts, especially since the 1980s, and various pieces of legislation passed by the Parliament...
at the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
. In 1907, Duffy became the editor of the Victorian Law Reports
Victorian Law Reports
The Victorian Law Reports are a series of law reports which report significant cases from the Supreme Court of Victoria in its first decisions and appeal decisions jurisdictions from 1875 to 1956 and from 1957 to the present....
. By 1910, Duffy was widely regarded as the most prominent Victorian
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
lawyer, and the unofficial leader of the Victorian Bar.
Judicial career
Duffy was appointed to the bench of the High Court of AustraliaHigh 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...
in 1913. Seventeen years later, in 1931, when Sir Isaac Isaacs
Isaac Isaacs
Sir Isaac Alfred Isaacs GCB GCMG KC was an Australian judge and politician, was the third Chief Justice of Australia, ninth Governor-General of Australia and the first born in Australia to occupy that post. He is the only person ever to have held both positions of Chief Justice of Australia and...
was made Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
, he took over as Chief Justice of the High Court. He retired from the bench in 1935 at age eighty-three. He had planned to deliver a series of lectures on Australian constitutional law
Australian constitutional law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed....
at Harvard University
Harvard University
Harvard University is a private Ivy League university located in Cambridge, Massachusetts, United States, established in 1636 by the Massachusetts legislature. Harvard is the oldest institution of higher learning in the United States and the first corporation chartered in the country...
's tercentenary early in 1936, but was too ill. He died after a brief illness on 29 July 1936. He was survived by his wife and three sons, among them Charles Leonard Gavan Duffy, later a Justice of the Supreme Court of Victoria
Supreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
.
Honours
Duffy was created a Knight Commander of the Order of St Michael and St GeorgeOrder of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is an order of chivalry founded on 28 April 1818 by George, Prince Regent, later George IV of the United Kingdom, while he was acting as Prince Regent for his father, George III....
(KCMG) in 1929. Duffy had been made a member of the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
in 1932.
Family
His half-brother, George Gavan DuffyGeorge Gavan Duffy
-Family:George Gavan Duffy was born in Rock Ferry, Cheshire, England in 1882, the son of Sir Charles Gavan Duffy and his third wife, Louise. His half-brother Sir Frank Gavan Duffy was the fourth Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1913 to...
(born 1882), was an Irish politician and later (from 1936) a judge of the Irish High Court, serving as its President from 1946 until his death in 1951.