Richard McGarvie
Encyclopedia
Richard Elgin McGarvie, AC
, KStJ
, QC
(21 May 1926 – 24 May 2003) was a judge in the Supreme Court of Victoria
and Governor of Victoria
from 1992 to 1997.
, Australia
. After finishing first place at Camperdown High School. He entered the Australian Navy
in 1944, training at HMAS Cerberus and serving on the destroyer
, HMAS Arunta
. World War II
ended before he saw active service. He served in the Occupation Forces in Japan
and was discharged as an Able Seaman in 1946.
He joined the Australian Labor Party
in 1949 and took a leading role in the dismissal of its Victorian socialist-left dominated Central Executive by bringing about federal intervention.
in 1952, he became Queen's Counsel
, chair of the Victorian Bar Council
1973–1975, Treasurer of Law Council of Australia 1974–1976 and Chancellor of La Trobe University
1981–1992.
He was appointed to the Supreme Court of Victoria
on 1 June 1976, resigning all political affiliations, and served as a judge until 22 April 1992. He was appointed Governor of Victoria
from 1992 to 1997.
, he was an appointed delegate to Constitutional Convention
on an Australian Republic in February 1998 and initiated the 2001 Corowa conference to find common ground among republicans after the referendum defeat in 1999. He took the unusual position of making contributions to republicanism, without directly supporting the broader republican movement. He promoted his own model and at the 1998 convention successfully demonstrated the provision for two-thirds parliamentary dismissal of a President was unworkable.
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"...
, KStJ
Venerable Order of Saint John
The Most Venerable Order of the Hospital of Saint John of Jerusalem , is a royal order of chivalry established in 1831 and found today throughout the Commonwealth of Nations, Hong Kong, Ireland and the United States of America, with the world-wide mission "to prevent and relieve sickness and...
, 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...
(21 May 1926 – 24 May 2003) was a judge in 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...
and Governor of Victoria
Governors of Victoria
The Governor of Victoria is the representative in the Australian state of Victoria of its monarch, Elizabeth II, Queen of Australia. The Governor performs the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national level...
from 1992 to 1997.
Early life
He was born and brought up on his parents’ dairy farm at Pomborneit East in VictoriaVictoria (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....
, 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...
. After finishing first place at Camperdown High School. He entered the Australian Navy
Royal Australian Navy
The Royal Australian Navy is the naval branch of the Australian Defence Force. Following the Federation of Australia in 1901, the ships and resources of the separate colonial navies were integrated into a national force: the Commonwealth Naval Forces...
in 1944, training at HMAS Cerberus and serving on the destroyer
Destroyer
In naval terminology, a destroyer is a fast and maneuverable yet long-endurance warship intended to escort larger vessels in a fleet, convoy or battle group and defend them against smaller, powerful, short-range attackers. Destroyers, originally called torpedo-boat destroyers in 1892, evolved from...
, HMAS Arunta
HMAS Arunta (I30)
HMAS Arunta was a Tribal class destroyer of the Royal Australian Navy . Named for the Arrernte Aborigines, the destroyer was laid down in 1939 and commissioned into the RAN in 1942....
. World War II
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...
ended before he saw active service. He served in the Occupation Forces in Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
and was discharged as an Able Seaman in 1946.
He joined the Australian Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
in 1949 and took a leading role in the dismissal of its Victorian socialist-left dominated Central Executive by bringing about federal intervention.
Legal life
McGarvie studied law at Melbourne University and graduated in 1950, winning the Supreme Court Prize for the top honours student of the year. Joining the Victorian BarBar 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 1952, he became 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...
, chair of the Victorian 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....
1973–1975, Treasurer of Law Council of Australia 1974–1976 and Chancellor of La Trobe University
La Trobe University
La Trobe University is a multi-campus university in Victoria, Australia. It was established in 1964 by an Act of Parliament to become the third oldest university in the state of Victoria. The main campus of La Trobe is located in the Melbourne suburb of Bundoora; two other major campuses are...
1981–1992.
He was appointed to 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...
on 1 June 1976, resigning all political affiliations, and served as a judge until 22 April 1992. He was appointed Governor of Victoria
Governors of Victoria
The Governor of Victoria is the representative in the Australian state of Victoria of its monarch, Elizabeth II, Queen of Australia. The Governor performs the same constitutional and ceremonial functions at the state level as does the Governor-General of Australia at the national level...
from 1992 to 1997.
Constitutional influence
Author of the McGarvie ModelMcGarvie Model
The McGarvie Model is a proposition for change to the Australian Constitution to remove references to the monarchy and establish a republic. It is also known as the Australian Democracy Model....
, he was an appointed delegate to Constitutional Convention
Constitutional Convention (Australia)
In Australian history, the term Constitutional Convention refers to four distinct gatherings.-1891 convention:The 1891 Constitutional Convention was held in Sydney in March 1891 to consider a draft Constitution for the proposed federation of the British colonies in Australia and New Zealand. There...
on an Australian Republic in February 1998 and initiated the 2001 Corowa conference to find common ground among republicans after the referendum defeat in 1999. He took the unusual position of making contributions to republicanism, without directly supporting the broader republican movement. He promoted his own model and at the 1998 convention successfully demonstrated the provision for two-thirds parliamentary dismissal of a President was unworkable.
See also
- Judiciary of AustraliaJudiciary of AustraliaThe judiciary in Australia is modelled substantially on the system of courts which existed in England.The large number of courts and tribunals in Australia have different procedural powers and characteristics, different jurisdictional limits, different remedial powers and different cost...
- List of Judges of the Supreme Court of Victoria
- McGarvie ModelMcGarvie ModelThe McGarvie Model is a proposition for change to the Australian Constitution to remove references to the monarchy and establish a republic. It is also known as the Australian Democracy Model....
- Process model (Australia)Process model (Australia)A process model is a proposal to assist the Parliament of Australia make decisions concerning constitutional reform. In Australia, process models are devised to involve the public in republicanism.-Rationale:...
- Victorian Bar AssociationVictorian BarThe Victorian Bar is the bar association for the Australian State of Victoria. Its members are barristers registered to practice in Victoria. On 19 January 2006, there were 1627 counsel practising as members of the Victorian Bar. Once a barrister has been admitted to practice by the Supreme Court...