Richard Blackburn
Encyclopedia
Sir Richard Arthur Blackburn OBE (26 July 19181 October 1987) was a judge, prominent legal academic and former military officer in Australia
. He became a judge of three separate courts in Australia, and eventually became chief justice of the Australian Capital Territory
. In the 1970s he decided one of Australia's earliest Aboriginal Land rights cases. His service to the Australian legal community is commemorated by the annual Sir Richard Blackburn Memorial lectures in Canberra
.
VC and Rose Ada Blackburn (née Kelly). His father was at that time a Commissioner of the now defunct Commonwealth Court of Conciliation and Arbitration
. His father had previously been a prominent legal practitioner in South Australia
. Blackburn was educated at St Peter's College, Adelaide
, South Australia and was an undergraduate at St Mark's College at the University of Adelaide
. He graduated with First Class Honours in English Literature from the University of Adelaide. He won the John Howard Clark Prize as the candidate who was placed highest in the final examination. He was chosen as the Rhodes Scholar for South Australia in 1940, but did not take it up immediately because of the outbreak of the Second World War
.
(AIF) in active service in North Africa
and Papua New Guinea
until his discharge on 7 November 1945 as a Captain in the 2/9 Division Cavalry Regiment.
At the end of the war, he took up his Rhodes Scholarship at Magdalen College
, University of Oxford
. He and another South Australian, the Honourable Justice Andrew Wells, became the first ‘Dominion’ students to be awarded the Eldon Scholarship. As a result, he attended the University of Oxford in 1949 and graduated with a Bachelor of Civil Law. Blackburn was called to the Bar in the United Kingdom in Inner Temple
in 1949.
In 1957 he was commissioned as a Lieutenant Colonel and given command of the Adelaide University Regiment. In 1962 he was commissioned as a Colonel and given command of the First Battalion of the Royal South Australian Regiment. He served there until 1965.
He was made an Officer of the Order of the British Empire
(OBE) on 1 January 1965 in honour of his military service.
in 1966. During this time, he became President of the Arts Council of the Northern Territory. It was during his judicial life in the Northern Territory that he decided the first significant case concerning Aboriginal Land Rights in Australia. This was the case of Milirrpum v. Nabalco in which important issues of aboriginal land rights were canvassed. In that case he held that the communal system in which Australian Aborigines had lived could be called a “government of law, and not of men”, accepting that was a system of law predating British settlement. However, he ruled that the British common law did not recognize communal interests and in any event, those interests were extinguished by the assertion of British sovereignty over the land in question. The case led to the eventual introduction of the Aboriginal Land Rights Act 1976.
In May 1971 he was appointed as a judge of the Supreme Court of the Australian Capital Territory
. In that same year, he was also appointed a judge of the Federal Court of Australia
in 1977 on that court's establishment and served as a judge in that latter court until 1984. He was appointed chief judge of Supreme Court on 7 November 1977. He was appointed chief justice on 7 May 1982 when that position replaced the former position of chief judge.
He was the chairperson of the Law Reform Commission of the Australian Capital Territory from 1971 to 1976. In 1979, Blackburn authored a biographical entry in the Australian Dictionary of Biography
about his father. In keeping with Blackburn's nature of not seeking honours, he failed to note in the entry that he had himself gone on to become a distinguished judge.
He was Patron of the St John Council for Australian Capital Territory from 1981 to 1984. In 1981, he became a Commander of the Order of St John of Jerusalem in honour of his service.
He was knighted in the New Year's Honours of 1983 for his services to the law. He became Chancellor of the Australian National University
in 1984.
In 1986 he was elected an Hononary Fellow of St Mark's College. Blackburn was also invited to give the first Harrison Memorial Lecture at the Royal Military College at Duntroon after the Officer Training School was moved from Portsea.
In May of that year, Blackburn was one of three former chief justices appointed by the Australian Government to be Parliamentary Commissioners in a Special Commission of Inquiry to investigate the conduct of Justice Lionel Murphy
concerning allegations that Murphy had attempted to pervert the course of justice in the criminal proceeding involving solicitor Morgan Ryan. He was appointed notwithstanding his ill-health because of his skills and abilities. Whilst the inquiry did not proceed to conclusion because of Murphy's own illness and subsequent death, the commissioners did make a report on what constituted misconduct for a judge under the Australian Constitution. Blackburn concluded:
Blackburn died on 1 October 1987. He was survived by his wife Bryony Helen Blackburn, who died in 2005 and children; Charlotte Calder and Tom Blackburn SC.
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...
. He became a judge of three separate courts in Australia, and eventually became chief justice of the Australian Capital Territory
Australian Capital Territory
The Australian Capital Territory, often abbreviated ACT, is the capital territory of the Commonwealth of Australia and is the smallest self-governing internal territory...
. In the 1970s he decided one of Australia's earliest Aboriginal Land rights cases. His service to the Australian legal community is commemorated by the annual Sir Richard Blackburn Memorial lectures in Canberra
Canberra
Canberra 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...
.
Early years
Blackburn was born on 26 July 1918. He was the son of Brigadier Arthur Seaforth BlackburnArthur Seaforth Blackburn
Brigadier Arthur Seaforth Blackburn VC, CMG, CBE, ED was an Australian recipient of the Victoria Cross, the highest award for gallantry in the face of the enemy that can be awarded to British and Commonwealth forces....
VC and Rose Ada Blackburn (née Kelly). His father was at that time a Commissioner of the now defunct Commonwealth Court of Conciliation and Arbitration
Commonwealth Court of Conciliation and Arbitration
The Commonwealth Court of Conciliation and Arbitration is a defunct Australian court, which had jurisdiction to arbitrate interstate industrial disputes....
. His father had previously been a prominent legal practitioner in South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
. Blackburn was educated at St Peter's College, Adelaide
Adelaide
Adelaide is the capital city of South Australia and the fifth-largest city in Australia. Adelaide has an estimated population of more than 1.2 million...
, South Australia and was an undergraduate at St Mark's College at the University of Adelaide
University of Adelaide
The University of Adelaide is a public university located in Adelaide, South Australia. Established in 1874, it is the third oldest university in Australia...
. He graduated with First Class Honours in English Literature from the University of Adelaide. He won the John Howard Clark Prize as the candidate who was placed highest in the final examination. He was chosen as the Rhodes Scholar for South Australia in 1940, but did not take it up immediately because of the outbreak of the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
Military career
On 14 May 1940, during the Second World War, he enlisted with the Australian Army at Adelaide. He served with the Australian Imperial ForceSecond 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...
(AIF) in active service in North Africa
North Africa
North Africa or Northern Africa is the northernmost region of the African continent, linked by the Sahara to Sub-Saharan Africa. Geopolitically, the United Nations definition of Northern Africa includes eight countries or territories; Algeria, Egypt, Libya, Morocco, South Sudan, Sudan, Tunisia, and...
and Papua New Guinea
Papua New Guinea
Papua New Guinea , officially the Independent State of Papua New Guinea, is a country in Oceania, occupying the eastern half of the island of New Guinea and numerous offshore islands...
until his discharge on 7 November 1945 as a Captain in the 2/9 Division Cavalry Regiment.
At the end of the war, he took up his Rhodes Scholarship at Magdalen College
Magdalen College, Oxford
Magdalen College is one of the constituent colleges of the University of Oxford in England. As of 2006 the college had an estimated financial endowment of £153 million. Magdalen is currently top of the Norrington Table after over half of its 2010 finalists received first-class degrees, a record...
, University of Oxford
University of Oxford
The University of Oxford is a university located in Oxford, United Kingdom. It is the second-oldest surviving university in the world and the oldest in the English-speaking world. Although its exact date of foundation is unclear, there is evidence of teaching as far back as 1096...
. He and another South Australian, the Honourable Justice Andrew Wells, became the first ‘Dominion’ students to be awarded the Eldon Scholarship. As a result, he attended the University of Oxford in 1949 and graduated with a Bachelor of Civil Law. Blackburn was called to the Bar in the United Kingdom in Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...
in 1949.
Legal and academic life
Blackburn returned to Australia after his Oxford studies. He was admitted as a legal practitioner in South Australia in 1951. Between 1950 and 1957 he was the Bonython Professor of Law at the Adelaide University. He married his wife Bryony Helen Dutton in 1951. He became the Dean of the Faculty of Law in 1951 and served as Dean there until 1957. In 1957 he left full-time academic life to become a partner in the Adelaide law firm Finlaysons; however, he continued as a member of the Faculty until 1965. His daughter and son were born whilst he was teaching at the Adelaide University.In 1957 he was commissioned as a Lieutenant Colonel and given command of the Adelaide University Regiment. In 1962 he was commissioned as a Colonel and given command of the First Battalion of the Royal South Australian Regiment. He served there until 1965.
He was made an Officer of the Order of the British Empire
Order 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...
(OBE) on 1 January 1965 in honour of his military service.
Judicial career
Richard Blackburn left academic life and was appointed a judge of the Supreme Court of the Northern TerritorySupreme Court of the Northern Territory
The Supreme Court of the Northern Territory is the superior court for the Australian Territory of the Northern Territory. It has unlimited jurisdiction within the territory in civil matters, and hears the most serious criminal matters...
in 1966. During this time, he became President of the Arts Council of the Northern Territory. It was during his judicial life in the Northern Territory that he decided the first significant case concerning Aboriginal Land Rights in Australia. This was the case of Milirrpum v. Nabalco in which important issues of aboriginal land rights were canvassed. In that case he held that the communal system in which Australian Aborigines had lived could be called a “government of law, and not of men”, accepting that was a system of law predating British settlement. However, he ruled that the British common law did not recognize communal interests and in any event, those interests were extinguished by the assertion of British sovereignty over the land in question. The case led to the eventual introduction of the Aboriginal Land Rights Act 1976.
In May 1971 he was appointed as a judge of the Supreme Court of the Australian Capital Territory
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
. In that same year, he was also appointed a judge 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 1977 on that court's establishment and served as a judge in that latter court until 1984. He was appointed chief judge of Supreme Court on 7 November 1977. He was appointed chief justice on 7 May 1982 when that position replaced the former position of chief judge.
He was the chairperson of the Law Reform Commission of the Australian Capital Territory from 1971 to 1976. In 1979, Blackburn authored a biographical entry in the Australian Dictionary of Biography
Australian Dictionary of Biography
The Australian Dictionary of Biography is a national, co-operative enterprise, founded and maintained by the Australian National University to produce authoritative biographical articles on eminent people in Australia's history....
about his father. In keeping with Blackburn's nature of not seeking honours, he failed to note in the entry that he had himself gone on to become a distinguished judge.
He was Patron of the St John Council for Australian Capital Territory from 1981 to 1984. In 1981, he became a Commander of the Order of St John of Jerusalem in honour of his service.
He was knighted in the New Year's Honours of 1983 for his services to the law. He became Chancellor of the Australian National University
Australian National University
The Australian National University is a teaching and research university located in the Australian capital, Canberra.As of 2009, the ANU employs 3,945 administrative staff who teach approximately 10,000 undergraduates, and 7,500 postgraduate students...
in 1984.
Retirement
Blackburn retired as Chief Justice due to ill health on 31 March 1985. At his retirement ceremony, Mr J Faulks speaking on behalf of the legal profession said:'Amongst the lessons we have learned from you, Chief Justice, is the importance of humanity and understanding in the practise of the law. These qualities have been demonstrated again and again during your time on the Bench. .... Your Honour has also shown us that excellence in knowledge and even in ability is nothing without true humanity and concern for others. Your Honour has shown in word and in example that humility and an appreciation of the other's point of view
are the hallmarks of a good lawyer, whether he be judge, solicitor or barrister'
In 1986 he was elected an Hononary Fellow of St Mark's College. Blackburn was also invited to give the first Harrison Memorial Lecture at the Royal Military College at Duntroon after the Officer Training School was moved from Portsea.
In May of that year, Blackburn was one of three former chief justices appointed by the Australian Government to be Parliamentary Commissioners in a Special Commission of Inquiry to investigate the conduct of Justice Lionel Murphy
Lionel Murphy
Lionel Keith Murphy, QC was an Australian politician and jurist who served as Attorney-General in the government of Gough Whitlam and as a Justice of the High Court of Australia from 1975 until his death.- Personal life :...
concerning allegations that Murphy had attempted to pervert the course of justice in the criminal proceeding involving solicitor Morgan Ryan. He was appointed notwithstanding his ill-health because of his skills and abilities. Whilst the inquiry did not proceed to conclusion because of Murphy's own illness and subsequent death, the commissioners did make a report on what constituted misconduct for a judge under the Australian Constitution. Blackburn concluded:
"'[P]roved misbehaviour' means such misconduct, whether criminal or not, and whether or not displayed in the actual exercise of judicial functions, as, being morally wrong, demonstrates the unfitness for office of the judge in question."
Blackburn died on 1 October 1987. He was survived by his wife Bryony Helen Blackburn, who died in 2005 and children; Charlotte Calder and Tom Blackburn SC.
Sir Richard Blackburn lectures
In 1996, the Law Society of the Australian Capital Territory inaugurated the Sir Richard Blackburn lectures in honour of Blackburn's services to the legal community. The following people have given the lecture:- 1997 - Sir Harry GibbsHarry GibbsSir Harry Talbot Gibbs, GCMG, AC, KBE, QC was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981...
, Chief Justice of Australia. - 2001 - Bettie McNee, President of the Administrative Review Council
- 2002 - Alistair NicholsonAlistair NicholsonAlistair "Big Jack" Nicholson is a former Australian rules footballer, who played with the Melbourne Football Club in the Australian Football League ....
, Chief Justice of the Family Court of AustraliaFamily Court of AustraliaThe Family Court of Australia is a superior Australian federal court of record which deals with family law matters. Together with the Federal Magistrates Court, it covers family law matters in all states and territories of Australia except Western Australia... - 2003 – Dianna Bryant, Chief Federal Magistrate
- 2005 - Stephen Kenny, former lawyer for David HicksDavid HicksDavid Matthew Hicks is an Australian who was convicted by the United States of America Guantanamo Military Commission under the Military Commissions Act of 2006, on charges of providing material support for terrorism...
- 2006 - Chief Justice Terence HigginsTerence Higgins-People:* Terence Higgins, Baron Higgins , British Conservative Party politician, former MP* Terence Higgins , Chief Justice of the Australian Capital Territory* Terry Higgins, in whose memory the Terrence Higgins Trust was named-Other:...
, Supreme Court of the Australian Capital Territory - 2007 - Justice Murray WilcoxMurray WilcoxMurray Rutledge Wilcox, AO, QC is a former Australian Federal Court Judge, serving from 11 May 1984 until retiring on 2 October 2006.He also served as an additional Judge of the Supreme Court of the Australian Capital Territory from 23 April 1983 to 30 September 2006. He may be best remembered for...
, Federal Court of AustraliaFederal Court of AustraliaThe 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...
.
Sources
- Media Release. Law Society of the Australian Capital Territory. http://www.lawsocact.asn.au/content/media/media%20releases/Blackburn%20Media%20Release%202007.pdf
- Charles Bagot “The Hon Sir Richard Blackburn OBE” 11 Adelaide Law ReviewAdelaide Law ReviewThe Adelaide Law Review is a scholarly refereed law journal based at the University of Adelaide.It is published twice a year by the Adelaide Law Review Association of the Faculty of Law, University of Adelaide...
365 (1987-1988) - ”Standing in Deep Time; Standing in the Law: A Non-Indigenous Australian Perspective on Land Rights, Land Wrongs and Self-Determination” Frank Brennan. Oxford Amnesty Lecture 11 February 2005 http://www.uniya.org/talks/brennan_11feb05.html
- Tom Hughes. “Sir Harry Gibbs: An Advocate's Perspective” Chapter Two: http://www.samuelgriffith.org.au/papers/html/volume18/v18chap2.html
- History page, Supreme Court of the Northern Territory. http://www.nt.gov.au/ntsc/judges/former/blackburn.html