Murray Gleeson

Early life

Gleeson was born in Wingham, New South Wales, the eldest of four children. He was educated at St. Joseph's College, Hunters Hill, where he won the Lawrence Campbell Oratory Competition in both 1953 and 1955, before matriculating to receive first class honours degrees in Arts and Law from the University of Sydney. Among his graduating class of 1962 were John Howard, later to become Prime Minister; and Michael Kirby, who later served alongside him as a judge on the High Court.

Legal career

After graduation, Gleeson spent one year as a solicitor at Messrs Murphy & Moloney. Gleeson was admitted to the New South Wales Bar in 1963, where he read with Laurence Street and Anthony Mason - his future predecessors as Chief Justice of New South Wales and Chief Justice of Australia respectively.

His appearances as junior counsel focussed mainly on matters of taxation and commercial law, as well as important constitutional cases including Strickland v Rocla Concrete Pipes Ltd, which concerned the scope of the corporations power.

Upon his appointment as Queen's Counsel (QC) in 1974, Gleeson's career as senior counsel continued to focus on commercial and constitutional matters. However he also appeared in some high-profile criminal cases, including his successful defence before a jury of National Party MP Ian Sinclair in 1980.{{Cite book | editor1-last = Blackshield | editor1-first = Tony | editor2-last = Coper | editor2-first = Michael | editor3-last = Williams | editor3-first = George

He was a methodical counsel, who prepared his cases and even his cross examinations in minute detail. Retired Justice of Appeal Roddy Meagher said jokingly of Gleeson: "He has written nothing outside his professional work. He takes no interest in either music or art. He does, however, like flowers. He stares at them to make them wilt."

Judicial career

Chief Justice of New South Wales

Gleeson was appointed Chief Justice of New South Wales in 1988, the first barrister to be directly elevated to the Chief Justiceship since Frederick Jordan in 1934. According to convention, he was also made Lieutenant Governor of New South Wales in 1989. During Gleeson's decade as Chief Justice of New South Wales, the court system dealt with considerable change including fast growing demand, cost constraints and delays. He sought to delineate appropriate boundaries for the political debate surrounding litigation, and was adamant that the proper administration of justice was a part of civilised government and not a free market privilege.

The tradition of the Chief Justice frequently appearing in the Court of Criminal Appeal was continued under Gleeson's tenure. In this role, he appeared as a judge in R v Birks, where it was found a trial counsel's proved incompetence was a ground of appeal, and Attorney-General (NSW) v Milat, where an indigent accused was found to be entitled to legal representation as a basic requirement of fairness in a serious legal trial.

Gleeson also frequently presided in the Court of Appeal, a forum more suited to his expertise in administrative, commercial, and constitutional law. In 1992, he presided over Greiner v Independent Commission Against Corruption, which exonerated Nick Greiner from charges of corruption, although Greiner was forced to resign as Premier months earlier by independents who controlled the balance of power in the New South Wales Legislative Assembly. Other notable cases include Ballina Shire Council v Ringland, where he endorsed the constitutionally implied right to freedom of political communication and concluded that councillors could not sue for defamation on statements about their performance, and Egan v Willis where the New South Wales Legislative Council was found to be empowered to compel the treasurer Michael Egan (then a member of the Legislative Council) to produce documents and to suspend him for non-compliance. In Egan v Chadwick, this power was found to be not limited by legal professional privilege.

Chief Justice of Australia

In May 1998, Gleeson was appointed Chief Justice of the High Court of Australia, replacing Sir Gerard Brennan. He was the first Chief Justice of a state supreme court to be appointed Chief Justice of the High Court since Samuel Griffith, whose own state Chief Justiceship preceded the formation of the High Court. He is also the first Chief Justice not to have been made a knight (however, Australia had ceased the practice of awarding knighthoods some years previously). During his tenure as Chief Justice, Gleeson actively maintained the importance of judicial independence in the face of increasing executive government power and public anger with court decisions. He also spoke out against the use of torture, forced confessions and detention without trial.

His tenure as Chief Justice was also characterised by a large number of joint judgments, and a relatively frequent number of judgments that clearly and plainly provide the Court's ratio decidendi. In 2020, at least six former associates of Dyson Heydon, another member of the bench led by Murray Gleeson, accused Heydon of sexual harassment, and one alleged that another judge, Michael McHugh had told Murray Gleeson about one of alleged acts.

On 30 July 2008, it was announced that Federal Court justice Robert French would succeed Gleeson as Chief Justice. In accordance with the Australian Constitution, he retired from the High Court on 29 August 2008, the day before his 70th birthday. The occasion was marked by a ceremonial sitting of the High Court in Canberra.

Court of Final Appeal of Hong Kong

On 7 November 2008, Gleeson was appointed a non-permanent judge of the Court of Final Appeal of the Hong Kong Special Administrative Region and served until 29 February 2024. He was given a Chinese name, "紀立信" (Jyutping: gei2lap6seon3) by the Hong Kong Judiciary.

Honours

• He was appointed an Officer of the Order of Australia (AO) in 1986.
• He received Australia's highest civil honour when he was made a Companion of the Order of Australia (AC) in 1992.
• He was awarded the Centenary Medal in 2001.
• Life Fellow of the Australian Academy of Law.
• Grand Bauhinia Medal of Hong Kong in 2020.

Personal life

He married Robyn Paterson in 1965, and the couple have four children. Their eldest daughter, Jacqueline, was appointed a judge of the Federal Court of Australia in 2014, after practising law as a barrister at the Sydney Bar and as general counsel of the Australian Broadcasting Authority. In October 2020, she was appointed to the High Court of Australia by Prime Minister Scott Morrison. Another daughter, Rebecca, is married to actor Eric Bana.

In September 2006, The Australian Financial Review magazine named Gleeson Australia's seventh most overtly powerful person.

References

References

1. (28 October 2020). "Prime Minister announces new High Court justices ahead of dual retirement".
2. Kirby, Michael. (16 July 1998). "Murray Gleeson - Law Student". High Court of Australia.
3. Ackland, Richard. (12 March 2004). "Stand by as Roddy comes off the bench". The Sydney Morning Herald.
4. Wilkinson, Marian. (7 October 2006). "Torture debate: Chief Justice lays down law". The Sydney Morning Herald.
5. (6 October 2006). "A Core Value, Annual Colloquium, Judicial Conference of Australia". High Court of Australia.
6. (2020-07-08). "Murray Gleeson: What Did He Know About Dyson Heydon?".
7. "Senior Judicial Appointment".
8. [https://honours.pmc.gov.au/honours/awards/882224 It's an Honour] - Officer of the Order of Australia
9. [https://honours.pmc.gov.au/honours/awards/882247 It's an Honour] - Companion of the Order of Australia
10. [https://honours.pmc.gov.au/honours/awards/1116739 It's an Honour] - Centenary Medal
11. "Australian Academy of Law - Member public profile".
12. Choi, Jimmy. (2020-10-01). "Police big winners in this year's Honours List". Government of the Hong Kong Special Administrative Region.
13. Gleeson, Justice. (22 April 2014). "Ceremonial sitting of the Full Court for the swearing in and welcome of the Honourable Justice Gleeson".
14. Kate Halfpenny. "Under the Gun". ''Who Magazine''. 8 August 2000.
15. (28 September 2006). "Howard most powerful". The Sydney Morning Herald.