Owen Dixon
Encyclopedia
Sir Owen Dixon, OM
, GCMG
, KC
(28 April 1886 – 7 July 1972) Australia
n judge
and diplomat
, was the sixth Chief Justice of Australia
. A justice of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking world and is widely regarded as Australia's greatest ever jurist.
in suburban Melbourne
in 1886. His father, JW Dixon, was a barrister and subsequently a solicitor. He attended Hawthorn College and later the University of Melbourne
, graduating with an Arts
degree in 1907. During this time he developed his lifelong love of the classics.
His BA became an MA, as was the custom then, a year later upon the payment of a small fee. He also studied law at the University of Melbourne and was awarded a Bachelor of Laws
in 1908, although he did not take his final honours exam.
, and the University of Melbourne.
Bar
in 1910. In December 1911, Dixon appeared before the High Court of Australia for the first time, aged just 25 years. After a slow start, his career was stellar, and he became a King's Counsel
in 1922. In the 1920s, Dixon was a prominent member of the Victorian Bar, along with his colleagues and friends John Latham
(who preceded Dixon as Chief Justice) and Robert Menzies
(later the longest serving Prime Minister of Australia
). He regularly appeared in the High Court of Australia and the Privy Council in London. At the time of his appointment to the High Court in 1929, he was the acknowledged leader of the Bar in Victoria, and indeed Australia. In 1920, he married Alice Brooksbank (1893–1971). They had four children, Franklin (1922–1977), Ted (1924–1996), Betty (1928- ) and Anne (1934–1979).
, and although he was considered to be an excellent judge, he did not enjoy the experience. In 1929, Dixon was appointed to the bench
of the High Court, by his friend John Latham, who was then the Commonwealth Attorney-General. During his time on the bench, Dixon also wrote several judgements on behalf of his colleague, Sir George Rich
. The propriety of one judge writing a judgment under the name of another has never been determined. Dixon rapidly established himself as a dominant intellectual force on the High Court bench, and many of his judgments from the 1930s and 1940s are still regarded as classic statements of the common law. Examples are McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 (terms contracts), Brunker v Perpetual Trustee Company Ltd (1937) 57 CLR 555 (gifts, property), Yerkey v Jones (1939) 63 CLR 649 (Equity) and Penfolds Wines v Elliott (1946) 74 CLR 204 (personal property torts). Dixon also showed that behind his formidable command of legal principle he had a sense of fairness, such as in his joint judgment in Tuckiar v R (1934) 52 CLR 335, where the Court quashed the murder conviction of an aboriginal man who had not been given a fair trial.
Dixon had reservations about the appointment of Labor politicians Dr Herbert Vere Evatt and Sir Edward McTiernan
by the Government
of James Scullin
in late 1930 (and is said to have considered resigning in protest). He nevertheless forced himself to get along with all his colleagues, and at one point acted as a go between them and the conservative judge Sir Hayden Starke
, who refused to have any direct communication with them. He and Evatt wrote a number of joint judgments prior to Evatt's resignation in 1940 to return to politics.
From 1942 to 1944, Dixon took leave from his judicial duties while he served as Australia’s Minister (Ambassador) to the United States, at the request of the then Prime Minister
John Curtin
. On 27 May 1950, Dixon was invited by the United Nations
to act as their official mediator between the governments of India
and Pakistan
over the disputed territory of Kashmir
. His role was to continue conciliation
talks between the two nations in the lead up to a proposed plebiscite to be put to the residents of Kashmir. His role as mediator ended in October 1950, although he had left India
in September frustrated with what he saw as an inability of the respective governments to negotiate.
At about this period, Dixon was in the majority in important Constitutional cases which declared unconstitutional pet projects of successive Labor and Liberal Governments, namely the Banks Nationalisation case (1948) 76 CLR 1 and the Communist Party case (1951) 83 CLR 1. In the former, he considered that many of the operative provisions of the Chifley
Government's Banking Act 1947 (which sought to nationalise Australia's banks) were beyond the scope of the constitutional powers of the Australian Commonwealth Parliament. In the latter case he considered that the Communist Party Dissolution Act 1950 of the Liberal Government led by his old friend Robert Menzies
(which sought to ban the Australian Communist Party) was 'ultra vires' (beyond power) for the Commonwealth Parliament, and could not be supported by any head of Commonwealth legislative power.
In 1951, Dixon was appointed a member of the Privy Council
, the English judicial organ which, at that stage, was the final court of appeal in Australian legal matters. However, Dixon never took up his seat on that Court. In fact, Dixon's disdain for the Privy Council
is well documented, particularly in Phillip Ayres' biography, titled Owen Dixon. Here, it is revealed that Dixon approached then-Prime Minister
Robert Menzies
on at least two occasions, urging a restriction of appeals to the Privy Council
. In Dixon's view, the council had a limited understanding of Australian Constitutional law, allowed appeals on trivial matters, and published confusing judgments. His words to Menzies were "I do not think they have a clue."
In 1952, Dixon was appointed Chief Justice of the High Court by his friend Robert Menzies
, who remained Prime Minister throughout Dixon’s tenure in the position. This marked the beginning of a period described by Lord Denning
as the "golden age" of the High Court. Complemented by the work of Justices Kitto, Fullagar and Windeyer, Dixon led what NSW Chief Justice Jim Spigelman has described as "one of the great common law benches of history." It may come as a surprise, then, that this period was one of relative stability in the area of Australian Constitutional Law
. This was in part due to Dixon's leadership of his Court, which resulted in a higher proportion of joint judgments than before or since. The most notable decisions from this period include R v Kirby; ex parte Boilermakers' Society of Australia (Boilermakers' Case) (1956) 94 CLR 254 and Victoria v Commonwealth (Second Uniform Tax Case) (1957)99 CLR 575. As Chief Justice he was also responsible for a number of seminal decisions in areas as diverse as contract law (e.g. Masters v Cameron (1957) 91 CLR 353) and criminal law and precedent (Parker v R (1963) 111 CLR 610). In Tait v R (1962) 108 CLR 620, he dramatically intervened to prevent the hanging of a mentally ill murderer before his appeal to the High Court could be heard.
In 1952, and again in 1955, Dixon was called upon by the Governor
of Victoria
to give advice when the upper house of the Parliament of that State refused to pass supply bills. Dixon advised the Governor of his powers in such a situation. This precedent was followed after Dixon's death, when then-Governor-General
Sir John Kerr sought advice from Dixon's successor Sir Garfield Barwick CJ before controversially dismissing the Labor Government under Gough Whitlam
in 1975.
, who as a barrister had argued for the Commonwealth in the Communist Party Case, and of whom Dixon disapproved. Dixon is said to have thought that Keith Aickin
QC (subsequently a judge of the High Court 1976 - 1982) was a more appropriate choice. Shortly after his retirement, Dixon turned down an offer to be appointed Australia's Governor General, because he considered himself "too old". During the early part of his retirement, he read extensively, particularly in the classics, until failing eyesight made this increasingly difficult. In the later 1960s and early 1970s, Dixon's health declined and he died in Melbourne
in 1972.
, and was a critic of most organized religions and, as Philip Ayers' biographical work shows, a virulent anti-Catholic. He had a strong involvement with several politicians of the day, notably Robert Menzies
, and on occasion gave "advice" to federal ministers on foreign policy matters. Dixon and his predecessor Sir John Latham were utilized by successive Commonwealth Governments on diplomatic and other international missions. Dixon is remembered primarily for his attitude of "strict and complete legalism" in his approach to contentious issues, and is considered by some to be among the least politically influenced judges.
Order of Merit
The Order of Merit is a British dynastic order recognising distinguished service in the armed forces, science, art, literature, or for the promotion of culture...
, GCMG
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....
, KC
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...
(28 April 1886 – 7 July 1972) 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...
and diplomat
Diplomat
A diplomat is a person appointed by a state to conduct diplomacy with another state or international organization. The main functions of diplomats revolve around the representation and protection of the interests and nationals of the sending state, as well as the promotion of information and...
, was the sixth Chief Justice of Australia
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...
. A justice of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking world and is widely regarded as Australia's greatest ever jurist.
Education
Dixon was born in HawthornHawthorn, Victoria
Hawthorn is a suburb in Melbourne, Victoria, Australia, east from Melbourne's central business district. Its Local Government Area is the City of Boroondara...
in suburban Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
in 1886. His father, JW Dixon, was a barrister and subsequently a solicitor. He attended Hawthorn College and later 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 with an Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree in 1907. During this time he developed his lifelong love of the classics.
His BA became an MA, as was the custom then, a year later upon the payment of a small fee. He also studied law at the University of Melbourne and was awarded a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1908, although he did not take his final honours exam.
Later academic awards
Dixon was later awarded honorary doctorates from Oxford, HarvardHarvard 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...
, and the University of Melbourne.
Early career
Dixon was admitted to the VictorianVictoria (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....
Bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
in 1910. In December 1911, Dixon appeared before the High Court of Australia for the first time, aged just 25 years. After a slow start, his career was stellar, and he became a King'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 1922. In the 1920s, Dixon was a prominent member of the Victorian Bar, along with his colleagues and friends John Latham
John Latham (Australian jurist)
Sir John Greig Latham GCMG QC was an Australian judge and politician who served as fifth Chief Justice of the High Court of Australia for seventeen years, from 1935 to 1952.-Biography:...
(who preceded Dixon as Chief Justice) and Robert Menzies
Robert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
(later the longest serving Prime Minister of Australia
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
). He regularly appeared in the High Court of Australia and the Privy Council in London. At the time of his appointment to the High Court in 1929, he was the acknowledged leader of the Bar in Victoria, and indeed Australia. In 1920, he married Alice Brooksbank (1893–1971). They had four children, Franklin (1922–1977), Ted (1924–1996), Betty (1928- ) and Anne (1934–1979).
Judicial career
In 1926, Dixon was briefly made an Acting Judge 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...
, and although he was considered to be an excellent judge, he did not enjoy the experience. In 1929, Dixon was appointed to the bench
Bench (law)
Bench in legal contexts means simply the location in a courtroom where a judge sits. The historical roots of that meaning come from the fact that judges formerly sat on long seats or benches when presiding over a court...
of the High Court, by his friend John Latham, who was then the Commonwealth Attorney-General. During his time on the bench, Dixon also wrote several judgements on behalf of his colleague, Sir George Rich
George Rich
Sir George Edward Rich KCMG PC , Australian judge, was a justice of the High Court of Australia.Rich was born in the town of Braidwood, New South Wales, in 1863. He was educated at Sydney Grammar School, and later studied at the University of Sydney, where he graduated with a Bachelor of Arts in...
. The propriety of one judge writing a judgment under the name of another has never been determined. Dixon rapidly established himself as a dominant intellectual force on the High Court bench, and many of his judgments from the 1930s and 1940s are still regarded as classic statements of the common law. Examples are McDonald v Dennys Lascelles Ltd (1933) 48 CLR 457 (terms contracts), Brunker v Perpetual Trustee Company Ltd (1937) 57 CLR 555 (gifts, property), Yerkey v Jones (1939) 63 CLR 649 (Equity) and Penfolds Wines v Elliott (1946) 74 CLR 204 (personal property torts). Dixon also showed that behind his formidable command of legal principle he had a sense of fairness, such as in his joint judgment in Tuckiar v R (1934) 52 CLR 335, where the Court quashed the murder conviction of an aboriginal man who had not been given a fair trial.
Dixon had reservations about the appointment of Labor politicians Dr Herbert Vere Evatt and Sir Edward McTiernan
Edward McTiernan
Sir Edward Aloysius McTiernan, KBE , was an Australian jurist, lawyer and politician. He served as an Australian Labor Party member of both the New South Wales Legislative Assembly and federal House of Representatives before being appointed to the High Court of Australia in 1930...
by the Government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
of James Scullin
James Scullin
James Henry Scullin , Australian Labor politician and the ninth Prime Minister of Australia. Two days after he was sworn in as Prime Minister, the Wall Street Crash of 1929 occurred, marking the beginning of the Great Depression and subsequent Great Depression in Australia.-Early life:Scullin was...
in late 1930 (and is said to have considered resigning in protest). He nevertheless forced himself to get along with all his colleagues, and at one point acted as a go between them and the conservative judge Sir Hayden Starke
Hayden Starke
Sir Hayden Erskine Starke KCMG , an Australian judge, was a justice of the High Court of Australia.Starke was born in the town of Creswick, Victoria in 1871...
, who refused to have any direct communication with them. He and Evatt wrote a number of joint judgments prior to Evatt's resignation in 1940 to return to politics.
From 1942 to 1944, Dixon took leave from his judicial duties while he served as Australia’s Minister (Ambassador) to the United States, at the request of the then Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
John Curtin
John Curtin
John Joseph Curtin , Australian politician, served as the 14th Prime Minister of Australia. Labor under Curtin formed a minority government in 1941 after the crossbench consisting of two independent MPs crossed the floor in the House of Representatives, bringing down the Coalition minority...
. On 27 May 1950, Dixon was invited by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
to act as their official mediator between the governments of India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
over the disputed territory of Kashmir
Kashmir
Kashmir is the northwestern region of the Indian subcontinent. Until the mid-19th century, the term Kashmir geographically denoted only the valley between the Great Himalayas and the Pir Panjal mountain range...
. His role was to continue conciliation
Conciliation
Conciliation is an alternative dispute resolution process whereby the parties to a dispute agree to utilize the services of a conciliator, who then meets with the parties separately in an attempt to resolve their differences...
talks between the two nations in the lead up to a proposed plebiscite to be put to the residents of Kashmir. His role as mediator ended in October 1950, although he had left India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
in September frustrated with what he saw as an inability of the respective governments to negotiate.
At about this period, Dixon was in the majority in important Constitutional cases which declared unconstitutional pet projects of successive Labor and Liberal Governments, namely the Banks Nationalisation case (1948) 76 CLR 1 and the Communist Party case (1951) 83 CLR 1. In the former, he considered that many of the operative provisions of the Chifley
Chifley
Chifley can refer to several things:* Ben Chifley, Prime Minister of Australia from 1945 to 1949* Chifley, Australian Capital Territory, a suburb of Canberra named after him* Chifley, New South Wales is a suburb of Sydney...
Government's Banking Act 1947 (which sought to nationalise Australia's banks) were beyond the scope of the constitutional powers of the Australian Commonwealth Parliament. In the latter case he considered that the Communist Party Dissolution Act 1950 of the Liberal Government led by his old friend Robert Menzies
Robert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
(which sought to ban the Australian Communist Party) was 'ultra vires' (beyond power) for the Commonwealth Parliament, and could not be supported by any head of Commonwealth legislative power.
In 1951, Dixon was appointed 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...
, the English judicial organ which, at that stage, was the final court of appeal in Australian legal matters. However, Dixon never took up his seat on that Court. In fact, Dixon's disdain for 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...
is well documented, particularly in Phillip Ayres' biography, titled Owen Dixon. Here, it is revealed that Dixon approached then-Prime Minister
Prime minister
A prime minister is the most senior minister of cabinet in the executive branch of government in a parliamentary system. In many systems, the prime minister selects and may dismiss other members of the cabinet, and allocates posts to members within the government. In most systems, the prime...
Robert Menzies
Robert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
on at least two occasions, urging a restriction of appeals to 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 Dixon's view, the council had a limited understanding of Australian Constitutional law, allowed appeals on trivial matters, and published confusing judgments. His words to Menzies were "I do not think they have a clue."
In 1952, Dixon was appointed Chief Justice of the High Court by his friend Robert Menzies
Robert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
, who remained Prime Minister throughout Dixon’s tenure in the position. This marked the beginning of a period described by Lord Denning
Alfred Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning, OM, PC, DL, KC , commonly known as Lord Denning, was a British soldier, mathematician, lawyer and judge. He gained degrees in mathematics and law at Oxford University, although his studies were disrupted by his service in the First World War...
as the "golden age" of the High Court. Complemented by the work of Justices Kitto, Fullagar and Windeyer, Dixon led what NSW Chief Justice Jim Spigelman has described as "one of the great common law benches of history." It may come as a surprise, then, that this period was one of relative stability in the area of 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....
. This was in part due to Dixon's leadership of his Court, which resulted in a higher proportion of joint judgments than before or since. The most notable decisions from this period include R v Kirby; ex parte Boilermakers' Society of Australia (Boilermakers' Case) (1956) 94 CLR 254 and Victoria v Commonwealth (Second Uniform Tax Case) (1957)99 CLR 575. As Chief Justice he was also responsible for a number of seminal decisions in areas as diverse as contract law (e.g. Masters v Cameron (1957) 91 CLR 353) and criminal law and precedent (Parker v R (1963) 111 CLR 610). In Tait v R (1962) 108 CLR 620, he dramatically intervened to prevent the hanging of a mentally ill murderer before his appeal to the High Court could be heard.
In 1952, and again in 1955, Dixon was called upon by the Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
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....
to give advice when the upper house of the Parliament of that State refused to pass supply bills. Dixon advised the Governor of his powers in such a situation. This precedent was followed after Dixon's death, when then-Governor-General
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
Sir John Kerr sought advice from Dixon's successor Sir Garfield Barwick CJ before controversially dismissing the Labor Government under 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...
in 1975.
Retirement and later life
Dixon retired from the High Court in 1964, to be replaced by Sir Garfield BarwickGarfield 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...
, who as a barrister had argued for the Commonwealth in the Communist Party Case, and of whom Dixon disapproved. Dixon is said to have thought that Keith Aickin
Keith Aickin
Sir Keith Arthur Aickin KBE QC , Australian judge, was a Justice of the High Court of Australia.Aickin was born in Melbourne in 1916, and was educated at Melbourne Grammar School. He also studied at the University of Melbourne, where he graduated with a Bachelor of Laws and later a Master of Laws...
QC (subsequently a judge of the High Court 1976 - 1982) was a more appropriate choice. Shortly after his retirement, Dixon turned down an offer to be appointed Australia's Governor General, because he considered himself "too old". During the early part of his retirement, he read extensively, particularly in the classics, until failing eyesight made this increasingly difficult. In the later 1960s and early 1970s, Dixon's health declined and he died in Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
in 1972.
Assessment
Dixon has sometimes been described as a product of his times – for example, he was a strong supporter of the White Australia policyWhite Australia policy
The White Australia policy comprises various historical policies that intentionally restricted "non-white" immigration to Australia. From origins at Federation in 1901, the polices were progressively dismantled between 1949-1973....
, and was a critic of most organized religions and, as Philip Ayers' biographical work shows, a virulent anti-Catholic. He had a strong involvement with several politicians of the day, notably Robert Menzies
Robert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
, and on occasion gave "advice" to federal ministers on foreign policy matters. Dixon and his predecessor Sir John Latham were utilized by successive Commonwealth Governments on diplomatic and other international missions. Dixon is remembered primarily for his attitude of "strict and complete legalism" in his approach to contentious issues, and is considered by some to be among the least politically influenced judges.
Honours
- Dixon was made a Knight Commander of the Order of St Michael and St GeorgeOrder of St Michael and St GeorgeThe 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 1941, and was elevated to a Knight Grand Cross of that order (GCMG) in 1954. - The road Owen Dixon Drive in the suburbs of SpenceSpence, Australian Capital TerritorySpence is a suburb in the Belconnen district of Canberra. The postcode is 2615. The suburb is named after William Spence , one of the founders of the Australian Workers' Union and later a member of the first Australian House of Representatives. It was gazetted on 2 November 1972. Streets are named...
, MelbaMelba, Australian Capital TerritoryMelba is a suburb of Canberra, Australian Capital Territory, Australia. Melba is in the district of Belconnen.The suburb of Melba is named after Dame Nellie Melba , the first internationally-recognised Australian opera soprano...
and McKellarMcKellar, Australian Capital TerritoryMcKellar is a residential suburb of Canberra, Australia in the Belconnen district. The suburb is named after Colin McKellar who was Minister for Repatriation from 1964-70. The suburb name was gazetted on 15 January 1974...
in CanberraCanberraCanberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
, AustraliaAustraliaAustralia , 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...
is named in honour of Sir Owen Dixon. - Owen Dixon Chambers, in Melbourne, is named in honour of Sir Owen Dixon.