Kenneth Hayne
Encyclopedia
Kenneth Madison Hayne AC
(born 5 June 1945) is a Justice of the High Court of Australia
which is the highest court in the Australian court hierarchy
.
. He graduated Bachelor of Arts and Bachelor of Laws (Honours) from Melbourne University, and Bachelor of Civil Law
from Exeter College
, Oxford University. He was also a Rhodes Scholar
. Hayne was admitted as a barrister and solicitor of the Supreme Court of Victoria
in 1971, and was appointed as a Queen's Counsel (QC)
in 1984. He is a patron of the Oxford University Commonwealth Law Journal
.
, which is the highest ranking court
in the Australia
n State
of Victoria
.
Hayne was appointed as a judge of the High Court in September 1997, a position he still holds. Under the Australian Constitution he must retire from the High Court by 2015 when he will be 70.
Hayne has been described as being a part of a 'core' of judges on the High Court, usually forming the majority, and often writes joint reasons with Justice William Gummow
.http://www.smh.com.au/articles/2003/02/23/1045935279581.html One notable recent exception to this trend was Hayne's dissent in Thomas v Mowbray
, where he joined Justice Michael Kirby in holding the Commonwealth's regime of interim control orders applied in respect of suspected terrorists to be unconstitutional.
(AC) in 2002.
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"...
(born 5 June 1945) 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...
which is 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 and professional life
Hayne attended Scotch College, MelbourneScotch College, Melbourne
Scotch College, Melbourne is an independent, Presbyterian, day and boarding school for boys, located in Hawthorn, an inner-eastern suburb of Melbourne, Victoria, Australia....
. He graduated Bachelor of Arts and Bachelor of Laws (Honours) from Melbourne University, and Bachelor of Civil Law
Bachelor of Civil Law
Bachelor of Civil Law is the name of various degrees in law conferred by English-language universities. Historically, it originated as a postgraduate degree in the universities of Oxford and Cambridge, but many universities now offer the BCL as an undergraduate degree...
from Exeter College
Exeter College, Oxford
Exeter College is one of the constituent colleges of the University of Oxford in England and the fourth oldest college of the University. The main entrance is on the east side of Turl Street...
, Oxford University. He was also a Rhodes Scholar
Rhodes Scholarship
The Rhodes Scholarship, named after Cecil Rhodes, is an international postgraduate award for study at the University of Oxford. It was the first large-scale programme of international scholarships, and is widely considered the "world's most prestigious scholarship" by many public sources such as...
. Hayne was admitted as a barrister and solicitor 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...
in 1971, and was appointed as a Queen's Counsel (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...
in 1984. He is a patron of the Oxford University Commonwealth Law Journal
Oxford University Commonwealth Law Journal
The Oxford University Commonwealth Law Journal is a postgraduate-edited international and comparative law journal from the University of Oxford Faculty of Law, covering the study of legal trends and developments within and between Commonwealth jurisdictions.-Content:The journal includes articles,...
.
Judicial Activity
Kenneth Hayne joined the bench in 1992 when he was appointed as a judge of the Supreme Court of Victoria. From 7 June 1995 he sat in the Court of Appeal division of the Supreme Court of VictoriaSupreme 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...
, which is the highest ranking court
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...
in the 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 State
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
of Victoria
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....
.
Hayne was appointed as a judge of the High Court in September 1997, a position he still holds. Under the Australian Constitution he must retire from the High Court by 2015 when he will be 70.
Hayne has been described as being a part of a 'core' of judges on the High Court, usually forming the majority, and often writes joint reasons with Justice William 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:...
.http://www.smh.com.au/articles/2003/02/23/1045935279581.html One notable recent exception to this trend was Hayne's dissent in Thomas v Mowbray
Thomas v Mowbray
Thomas v Mowbray [2007] HCA 33, was a decision handed down in the High Court of Australia on 2 August 2007 concerning the validity of Subdivision B of Division 104 of the Commonwealth Criminal Code, which allows the for imposition of "interim control orders"...
, where he joined Justice Michael Kirby in holding the Commonwealth's regime of interim control orders applied in respect of suspected terrorists to be unconstitutional.
Honours
Hayne received Australia's highest civil honour when he was made a Companion of the Order of AustraliaOrder 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"...
(AC) in 2002.
Trivia
- Justice Hayne has been said to perform impersonations.http://www.gtcentre.unsw.edu.au/publications/papers/docs/2006/7_ConferenceTableQu1.pdf