Nigel Bowen
Encyclopedia
Sir Nigel Hubert Bowen, AC, KBE (26 May 191127 September 1994) was an Australian politician and judge.
in Summerland, British Columbia
, Canada
, of Welsh and English parents. He came to Australia
as a boy and was educated for two years in England
and later at The King's School in Parramatta
. He studied law at the University of Sydney
as a resident of St. Paul's College, and then practised as a solicitor. He was admitted as a barrister
in New South Wales
in 1936 and later in Victoria
.
During World War II, he volunteered in 1941 and joined the 2nd Australian Imperial Force
in 1942 and served in the South Pacific theatre
for two years.
After the war, Bowen resumed his legal career, sharing chambers with Gough Whitlam
, John Kerr and later Bob Ellicott. He took silk
in 1953 in New South Wales and Victoria in 1954. He was president of the New South Wales bar council
from 1959 to 1961 and was vice-president of the Law Council of Australia
from 1957 to 1960. From 1946 to 1961, he was the editor of the Australian Law Journal.
member for Parramatta
at a by-election in 1964, caused by the resignation of Sir Garfield Barwick
to take up an appointment as Chief Justice
of the High Court of Australia
. He was appointed Attorney-General of Australia
in the Second Holt Ministry
in December 1966 and in 1968 he introduced a bill for the establishment of a federal court junior to the High Court of Australia
. Although that bill was withdrawn, it provided the basis of the Federal Court of Australia Act 1976
. Bowen appointed the Commonwealth Administrative Review Committee, which reported in 1971 and formed the basis for the establishment of the Administrative Appeals Tribunal
, the appointment of a Commonwealth Ombudsman
and the enactment of the Administrative Decisions (Judicial Review) Act 1977
. He also introduced the Privy Council (Limitation of Appeals) Act 1968, which began the process of abolishing appeals from the High Court to the Privy Council
in London, culminating in the Australia Act 1986
.
In November 1969, Bowen was appointed Minister for Education and Science in the Second Gorton Ministry
. In the McMahon Ministry
, he was Attorney-General from March to August 1971 and then Minister for Foreign Affairs
until the election of the Whitlam Government in 1972
. Following the election, he lost the contest for the leadership of the parliamentary Liberal Party by one vote to Billy Snedden
.
In 1973, Bowen was appointed as Chief Judge in Equity in the Supreme Court of New South Wales
. He was appointed first Chief Judge (later Chief Justice) of the Federal Court of Australia
in 1976 and held this until his retirement in 1990. Bowen was one of only five politicians to have served in both the Parliament of Australia
and the Federal Court of Australia
, alongside Bob Ellicott, Merv Everett, Tony Whitlam
, and John Reeves.
in 1976 and a Companion of the Order of Australia in 1988.
He died in 1994, aged 83.
Biography
Bowen was born in a log cabinLog cabin
A log cabin is a house built from logs. It is a fairly simple type of log house. A distinction should be drawn between the traditional meanings of "log cabin" and "log house." Historically most "Log cabins" were a simple one- or 1½-story structures, somewhat impermanent, and less finished or less...
in Summerland, British Columbia
Summerland, British Columbia
Summerland is a community on the west side of Okanagan Lake in the interior of British Columbia, Canada. The district is between Peachland to the north and Penticton to the south...
, 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...
, of Welsh and English parents. He came to 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...
as a boy and was educated for two years in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and later at The King's School in Parramatta
Parramatta, New South Wales
Parramatta is a suburb of Sydney, in the state of New South Wales, Australia. It is located in Greater Western Sydney west of the Sydney central business district on the banks of the Parramatta River. Parramatta is the administrative seat of the Local Government Area of the City of Parramatta...
. He studied 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...
as a resident of St. Paul's College, and then practised as a solicitor. He was admitted as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
in New South Wales
New 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 later in 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....
.
During World War II, he volunteered in 1941 and joined the 2nd Australian Imperial Force
Second Australian Imperial Force
The Second Australian Imperial Force was the name given to the volunteer personnel of the Australian Army in World War II. Under the Defence Act , neither the part-time Militia nor the full-time Permanent Military Force could serve outside Australia or its territories unless they volunteered to...
in 1942 and served in the South Pacific theatre
Pacific War
The Pacific War, also sometimes called the Asia-Pacific War refers broadly to the parts of World War II that took place in the Pacific Ocean, its islands, and in East Asia, then called the Far East...
for two years.
After the war, Bowen resumed his legal career, sharing chambers with Gough Whitlam
Gough Whitlam
Edward Gough Whitlam, AC, QC , known as Gough Whitlam , served as the 21st Prime Minister of Australia. Whitlam led the Australian Labor Party to power at the 1972 election and retained government at the 1974 election, before being dismissed by Governor-General Sir John Kerr at the climax of the...
, John Kerr and later Bob Ellicott. He took silk
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 1953 in New South Wales and Victoria in 1954. He was president of the New South Wales bar council
Bar council
A bar council , in a Commonwealth country and in the Republic of Ireland, the Bar Council of Ireland is a professional body that regulates the profession of barristers together with the King's Inns. Solicitors are generally regulated by the Law society....
from 1959 to 1961 and was vice-president of the Law Council of Australia
Law Council of Australia
The Law Council of Australia is an association of law societies and bar associations from the States and territories of Australia, and the peak body representing the legal profession in Australia. The Council was formed in 1933 to unite the various state legal associations, in order to represent...
from 1957 to 1960. From 1946 to 1961, he was the editor of the Australian Law Journal.
Political career
Bowen was elected the Liberal Party of AustraliaLiberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
member for Parramatta
Division of Parramatta
The Division of Parramatta is an Australian Electoral Division in New South Wales. The division was created in 1900 and was one of the original 75 divisions contested at the first federal election. It is named for the locality of Parramatta. The name Parramatta has been sourced to an Aboriginal...
at a by-election in 1964, caused by the resignation of Sir Garfield Barwick
Garfield Barwick
Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...
to take up an appointment as 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...
. He was appointed Attorney-General of Australia
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
in the Second Holt Ministry
Second Holt Ministry
The Second Holt Ministry was the forty-third Australian Commonwealth ministry, and ran from 14 December 1966 to 19 December 1967.Liberal Party of Australia–Australian Country Party Coalition-Cabinet:*Rt Hon Harold Holt, CH MP: Prime Minister...
in December 1966 and in 1968 he introduced a bill for the establishment of a federal court junior to 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...
. Although that bill was withdrawn, it provided the basis of the Federal Court of Australia Act 1976
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
. Bowen appointed the Commonwealth Administrative Review Committee, which reported in 1971 and formed the basis for the establishment of the Administrative Appeals Tribunal
Administrative Appeals Tribunal
The Administrative Appeals Tribunal is an Australian tribunal which provides for quasi-judicial review of administrative decisions by the Australian federal government. It is not a court and not part of the Australian court hierarchy, however its decisions are subject to review by the Federal...
, the appointment of a Commonwealth Ombudsman
Australian administrative law
Australian administrative law define the extent of the powers and responsibilities held by administrative agencies of the Australian government. It is a common law system, with a highly significant statutory overlay that has shifted focus to generalist tribunals and codified judicial...
and the enactment of the Administrative Decisions (Judicial Review) Act 1977
Australian administrative law
Australian administrative law define the extent of the powers and responsibilities held by administrative agencies of the Australian government. It is a common law system, with a highly significant statutory overlay that has shifted focus to generalist tribunals and codified judicial...
. He also introduced the Privy Council (Limitation of Appeals) Act 1968, which began the process of abolishing appeals from the High Court to the Privy Council
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...
in London, culminating in the Australia Act 1986
Australia Act 1986
The Australia Act 1986 is the name given to a pair of separate but related pieces of legislation: one an Act of the Commonwealth Parliament of Australia, the other an Act of the Parliament of the United Kingdom...
.
In November 1969, Bowen was appointed Minister for Education and Science in the Second Gorton Ministry
Second Gorton Ministry
The Second Gorton Ministry was the forty-sixth Australian Commonwealth ministry, and ran from 12 November 1969 to 10 March 1971.Liberal Party of Australia–Australian Country Party Coalition-Cabinet:*Rt Hon John Gorton, MP: Prime Minister...
. In the McMahon Ministry
McMahon Ministry
The McMahon Ministry was the forty-seventh Australian Commonwealth ministry, and ran from 10 March 1971 to 5 December 1972.Liberal Party of Australia–Australian Country Party Coalition-Cabinet:*Rt Hon William McMahon, MP: Prime Minister...
, he was Attorney-General from March to August 1971 and then Minister for Foreign Affairs
Minister for Foreign Affairs (Australia)
In the Government of Australia, the Minister for Foreign Affairs is responsible for overseeing the international diplomacy section of the Department of Foreign Affairs and Trade. In common with international practice, the office is often informally referred to as Foreign Minister...
until the election of the Whitlam Government in 1972
Australian federal election, 1972
Federal elections were held in Australia on 2 December 1972. All 125 seats in the House of Representatives were up for election. The Liberal Party of Australia had been in power since 1949, under Prime Minister of Australia William McMahon since March 1971 with coalition partner the Country Party...
. Following the election, he lost the contest for the leadership of the parliamentary Liberal Party by one vote to Billy Snedden
Billy Snedden
Sir Billy Mackie Snedden, KCMG, QC was an Australian politician representing the Liberal Party. He was Leader of the Opposition at the 1974 federal election, failing to defeat the Labor incumbent Gough Whitlam.-Early life:...
.
In 1973, Bowen was appointed as Chief Judge in Equity in 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...
. He was appointed first Chief Judge (later Chief Justice) of the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
in 1976 and held this until his retirement in 1990. Bowen was one of only five politicians to have served in both the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
and the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
, alongside Bob Ellicott, Merv Everett, Tony Whitlam
Tony Whitlam
Antony Philip Whitlam QC, is an Australian lawyer who has served as a politician and judge. He is the son of former Prime Minister Gough Whitlam and Margaret Whitlam.-Early life and education:...
, and John Reeves.
Honours
Bowen was made a Knight Commander of the Order of the British EmpireOrder 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...
in 1976 and a Companion of the Order of Australia in 1988.
He died in 1994, aged 83.