William Gummow
Encyclopedia
William Montague Charles Gummow AC
(born 9 October 1942) is a Justice of the High Court of Australia
, the highest court in the Australian court hierarchy
.
. He went on to study at the University of Sydney
, where he graduated as Bachelor of Arts, and later Master of Laws, both with first class honours. One of his lecturers was Sir Anthony Mason.
Gummow first practiced as a solicitor with law firm Allen Allen and Hemsley
. He was admitted as a solicitor in 1966 and became a partner of the firm in 1969. He had a diverse practice, including banking law, trusts and revenue law, intellectual property litigation, commercial transactions and some constitutional law.
After 10 years in practice as a solicitor, Gummow was called to the New South Wales Bar in 1976. At the bar, his practice included equity, commercial, tax and intellectual property matters. It also included large constitutional issues and in several cases he appeared as a junior to then Commonwealth Solicitor-General, Maurice Byers. Gummow was made a Queen's Counsel
in 1986.
In 1986, Justice Gummow was appointed to the Federal Court of Australia
. He was appointed to the High Court of Australia
in April 1995. He has tenure as a High Court Justice until 9 October 2012.
For 30 years - from the year of his graduation until his appointment as a judge - Gummow taught at the Faculty of Law at the University of Sydney
. He lectured in equity from 1970 to 1995. Gummow's essay Legal Education (1988) emphasised the importance of statutes and legal history; areas he considers were and are insufficiently taught in Australian law schools. He further advocated the need for practitioners in legal education, who were exposed to 'the law in action'.
law and equity.
Any attempt to select notable judgments of Justice Gummow is made difficult because he is so often a participant in joint judgments, whose authorship cannot be attributed. However, some of his more notable individual opinions include: Breen v Williams, Kable v Director of Public Prosecutions for New South Wales, The Wik Peoples v The State of Queensland, Hill trading as R F Hill & Associates v Van Erp, Pyrenees Shire Council v Day, Scott v Davis, Roxborough v Rothmans of Pall Mall, and Al-Kateb v Godwin.
Gummow is also the author of, or participant in, numerous leading judgments in intellectual property
law. See, for example: Werner & Co v Bailey Aluminium Products (1989), Advanced Building Systems v Ramset Fasteners (1998), Prestige Group v Dart Industries (1990), ConAgra v McCain Foods (1992).
Statistics in recent years have consistently shown Justice Gummow to be most likely to participate or be joined in a majority opinion. He only dissented once in 2006, out of 55 judgments. Justice Gummow also often joins with Justice Hayne; in 2006 this number was 40 (75.47%) joint judgments. Similarly, in the same year Justices Gummow and Hayne joined each other in judgment in all 11 constitutional cases. Michael McHugh
, who served on the court with Gummow for ten years, has called Gummow as a "great judicial politician", referring to his ability to convince other justices of the court to join in his opinions.
He is the author of books including Change and Continuity: Statute, Equity, and Federalism, which is based upon the lectures he delivered at Oxford University in 1999 as part of the Clarendon law lectures series. These lectures take up themes of continuity and change in the law, particularly as they appear in the great common law jurisdictions.
He is a co-author of Jacobs' Law of Trusts in Australia, and Equity: Doctrines and Remedies
, the pre-eminent text on equity in Australia. Gummow also wrote, with Dyson Heydon
and Robert Austin
, several editions of Cases and Materials on Equity and Trusts (4th ed, 1993).
in 2001.
The University of Sydney
honoured Gummow's scholarly contributions to the law by conferring him with an LLD.
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 9 October 1942) 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...
, 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...
.
Biography
Justice Gummow completed his secondary education at Sydney Grammar SchoolSydney Grammar School
Sydney Grammar School is an independent, non-denominational, selective, day school for boys, located in Darlinghurst, Edgecliff and St Ives, all suburbs of Sydney, New South Wales, Australia....
. He went on to study 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...
, where he graduated as Bachelor of Arts, and later Master of Laws, both with first class honours. One of his lecturers was Sir Anthony Mason.
Gummow first practiced as a solicitor with law firm Allen Allen and Hemsley
Allens Arthur Robinson
Allens Arthur Robinson is a commercial law firm that operates in the Asia-Pacific region. In Australia, and throughout the Asia-Pacific region generally, it is considered to be one of the top commercial law firms.- Offices :...
. He was admitted as a solicitor in 1966 and became a partner of the firm in 1969. He had a diverse practice, including banking law, trusts and revenue law, intellectual property litigation, commercial transactions and some constitutional law.
After 10 years in practice as a solicitor, Gummow was called to the New South Wales Bar in 1976. At the bar, his practice included equity, commercial, tax and intellectual property matters. It also included large constitutional issues and in several cases he appeared as a junior to then Commonwealth Solicitor-General, Maurice Byers. Gummow was made a 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...
in 1986.
In 1986, Justice Gummow was appointed to 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...
. He was appointed 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...
in April 1995. He has tenure as a High Court Justice until 9 October 2012.
For 30 years - from the year of his graduation until his appointment as a judge - Gummow taught at the Faculty of 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...
. He lectured in equity from 1970 to 1995. Gummow's essay Legal Education (1988) emphasised the importance of statutes and legal history; areas he considers were and are insufficiently taught in Australian law schools. He further advocated the need for practitioners in legal education, who were exposed to 'the law in action'.
Jurisprudence
Gummow's judgments are notable for their careful attention to statutory language and context, and are marked by a thorough and scholarly examination of doctrinal history. Gummow is particularly known for his contribution to intellectual propertyIntellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law and equity.
Any attempt to select notable judgments of Justice Gummow is made difficult because he is so often a participant in joint judgments, whose authorship cannot be attributed. However, some of his more notable individual opinions include: Breen v Williams, Kable v Director of Public Prosecutions for New South Wales, The Wik Peoples v The State of Queensland, Hill trading as R F Hill & Associates v Van Erp, Pyrenees Shire Council v Day, Scott v Davis, Roxborough v Rothmans of Pall Mall, and Al-Kateb v Godwin.
Gummow is also the author of, or participant in, numerous leading judgments in intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
law. See, for example: Werner & Co v Bailey Aluminium Products (1989), Advanced Building Systems v Ramset Fasteners (1998), Prestige Group v Dart Industries (1990), ConAgra v McCain Foods (1992).
Statistics in recent years have consistently shown Justice Gummow to be most likely to participate or be joined in a majority opinion. He only dissented once in 2006, out of 55 judgments. Justice Gummow also often joins with Justice Hayne; in 2006 this number was 40 (75.47%) joint judgments. Similarly, in the same year Justices Gummow and Hayne joined each other in judgment in all 11 constitutional cases. Michael McHugh
Michael McHugh
Michael Hudson McHugh, AC, QC is a former justice of the High Court of Australia; the highest court in the Australian court hierarchy.-Judicial Activity:...
, who served on the court with Gummow for ten years, has called Gummow as a "great judicial politician", referring to his ability to convince other justices of the court to join in his opinions.
Publications
Gummow has written extensively and has published numerous essays and articles.He is the author of books including Change and Continuity: Statute, Equity, and Federalism, which is based upon the lectures he delivered at Oxford University in 1999 as part of the Clarendon law lectures series. These lectures take up themes of continuity and change in the law, particularly as they appear in the great common law jurisdictions.
He is a co-author of Jacobs' Law of Trusts in Australia, and Equity: Doctrines and Remedies
Equity: Doctrines and Remedies
Equity: Doctrines and Remedies is a scholarly legal textbook originally composed by Justice Roderick Meagher, Justice William Gummow and Justice John Lehane. It is the preeminent publication on Equity in Australia and is highly regarded in common law jurisdictions because it is written by senior...
, the pre-eminent text on equity in Australia. Gummow also wrote, with Dyson Heydon
Dyson Heydon
John Dyson Heydon AC QC is a Justice of the High Court of Australia; the highest court in the Australian court hierarchy.-Education:...
and Robert Austin
Robert Austin
Robert Austin led the Austin expedition of 1854, one of the first European inland explanations of Western Australia with Kenneth Brown. They explored Geraldton, Mount Magnet, and the Murchison River area.-References:...
, several editions of Cases and Materials on Equity and Trusts (4th ed, 1993).
Honours
Gummow was appointed a Companion of the Order of Australia (AC), Australia's highest civil honour, in 1997, and awarded the Centenary MedalCentenary Medal
The Centenary Medal is an award created by the Australian Government in 2001. It was established to commemorate the Centenary of Federation of Australia and to honour people who have made a contribution to Australian society or government...
in 2001.
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...
honoured Gummow's scholarly contributions to the law by conferring him with an LLD.