Garfield Barwick AK GCMG QC
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Garfield Edward John Barwick AK GCMG QC (1903 - 1997)

Sir Garfield Edward John Barwick AK GCMG QC
Born in Stanmore, New South Wales, Australiamap
Ancestors ancestors
Husband of — married 22 Mar 1929 in Burwood, New South Wales, Australiamap
[children unknown]
Died at age 94 in Sydney, New South Wales, Australiamap
Profile last modified | Created 8 Nov 2010
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Biography

Notables Project
Garfield Barwick AK GCMG QC is Notable.

Sir Garfield Barwick AK GCMG QC was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a minister in the Menzies Government from 1958 to 1964.

Formative years

Garfield Edward John Barwick was born on 22nd June 1903 at Stanmore, New South Wales, Australia. [1] Barwick was the eldest of three brothers born to Methodist parents, of Cornish origin Jabez Barwick and Lily Ellicott; he would later be very insistent on his Cornish identity. He was raised in Stanmore, an inner-city suburb of Sydney, and attended Fort Street High School. He graduated from the University of Sydney with a University Medal in law.

On 23 March 1929 at Burwood, New South Wales, Barwick married Norma Symons, [2][3] with whom he would have one son and one daughter.

Legal career

Barwick was admitted to legal practice soon after finishing university, although (on his own later admission) he suffered severely in financial terms during the Great Depression. He was guarantor for a bank loan to his younger brother to operate a service station in Ashfield, but was unable to repay the bank when the loan was forfeited and was made bankrupt. This was held against him by many throughout his career. Nevertheless, he practised as a barrister from 1927 in many jurisdictions, achieving considerable recognition. At the beginning of the Second World War, Barwick's challenges to the National Security Act 1939, which centralised power to the Commonwealth government, propelled him to the front rank of the Bar. Having been briefed in many of Australia's defining constitutional cases (e.g., the Airlines case, and the Bank Nationalisation case), he was created Knight Bachelor, "in recognition of service to the Public service".[4]

Parliamentary career

A member of the Liberal Party, Barwick was elected to the House of Representatives at the 1958 Parramatta by-election, beginning his parliamentary career at the relatively late age of 54. He was re-elected in the general elections of 1958, 1961, and 1963. Barwick was promoted to cabinet as Attorney-General, guiding through legislation amending the Matrimonial Causes Act and the Crimes Act, and establishing a model for restrictive trade practices legislation. After the 1961 election, Barwick was additionally made Minister for External Affairs. He led the Australian delegation to the General Assembly of the United Nations for its 15th, 17th, and 18th sessions.

Chief Justice of the High Court of Australia

On 27th April 1964, Barwick was appointed Chief Justice of the High Court of Australia, the first law graduate from the University of Sydney to hold this position. He was also appointed a Privy Counsellor in 1964 and sat as a member of the Judicial Committee of the Privy Council on 22 occasions between 1966 and 1980. He supported the passage of the Privy Council (Limitation of Appeals) Act 1968, which closed off appeals from the High Court to the Judicial Committee of the Privy Council. He said that "Australia needed to make its own legal mistakes". In January 1965, he was created Knight Grand Cross of the Order of St Michael and St George (GCMG), honouring his contribution as Chief Justice of the High Court.[5]

He became the first president of the Australian Conservation Foundation in 1966. In 1972 he became President of the Australian Institute for International Affairs. Barwick retired from the bench in 1981. He was created Knight of the Order of Australia in the Queen's Brithday Honours 1981 in 'recognition of service to the Australian Parliament, government and the law'.[6]

He retained excellent health and continued to be active as a much-sought-after expert on legal issues until the end of his life. For much of his life Garfield Barwick was an ardent skier, horseman, conservationist, gardener, fisherman and yachtsman. He passed away on 13th July 1997. His ashes were interred at Northern Suburbs Memorial Gardens.[7]


Other Information

Barwick was the double cousin of Robert Ellicott, also an Attorney-General and Justice of the Federal Court of Australia.


Source 1: William (The Scribe) born 2-4-1855 died 5-5-1939 Aged 84 Arr. Sydney 1857 m. 20-12-1876 Elizabeth Brown

Issue 7 children:

1. (Will) William Henry born 1-10-1878 died 10-5-1913 m. (Lotty) Charlotte Grant born 26-4-1879 died 9-8-1960 Age 81. Issue 2 children: 1. Norma born 8-7-1906 m. 22-3-1929 Garfield Edward John Barwick born 22-6-1903 LLB, KC, GCMG. KG Chief Justice Australia Issue 2 children: 1. Ross Barwick born 3-9-38 LLB m1: Robyn Rickard Issue 2 children: 1. C1965 2. m2. 23-10-1977 Lydia Curtis Issue 1 child: 2. Diane C 1940 m. William Robbins Issue 3 children: 1. ) 2. ) circa 1970 3. ) 2. Valma Symons born 3-7-1912 m. 12-11-1949 George Muggeridge No Issue.


Source 2: Rt. Hon. Sir Garfield Edward John Barwick BIRTH 22 Jun 1903 Sydney, City of Sydney, New South Wales, Australia DEATH 12 Jul 1997 (aged 94) Sydney, City of Sydney, New South Wales, Australia BURIAL Northern Suburbs Memorial Gardens and Crematorium North Ryde, Ryde City, New South Wales, Australia PLOT North East Terrace Granite Book 3 MEMORIAL ID 178147485 · View Source

He was the Attorney-General of Australia (1958–64), Minister for External Affairs (1961–64) and the seventh and longest serving Chief Justice of Australia (1964–81). He was an ad hoc judge of the International Court of Justice in 1973–74 in the Nuclear Tests (Australia v. France) and Nuclear Tests (New Zealand v. France) cases, representing Australia and New Zealand jointly.

Spouse: Photo Norma Mountier Symons Barwick 1906–1997 (m. 1929)

Inscription: KC, MP, Chief Justice, Australia’s Greatest Advocate. Servant to his country, fellow man and family. “Work with Courage to Achieve.”


Sources

  1. NSW Government. Registry of Births Deaths & Marriages (accessed 30 Mar 2022). Birth Index, Index entry for BARWICK GARFIELD E J; Parents: JABEZ E & LILY G; District: PETERSHAM; Registration Number: 24258/1903
  2. NSW Government. Registry of Births Deaths & Marriages (accessed 30 Mar 2022). , Index entry for GARFIELD E J BARWICK and NORMA M SYMONS; District: BURWOOD; Registration Number: 7603/1929
  3. 1929 'The WORLD of WOMEN', The Daily Telegraph (Sydney, NSW : 1883 - 1930), 25 March, p. 22. , viewed 30 Mar 2022, http://nla.gov.au/nla.news-article245629365
  4. Australian Honours: Garfield Barwick, Knight Bachelor; accessed 28 Feb 2019
  5. Australian Honours: Garfield BarwickGCMG; accessed 28 Feb 2019
  6. Australian Honours: Garfield Barwick AK; accessed 28 Feb 2019
  7. House of Representatives motion of condolence; accessed 28 Feb 2019

See also:

  • Find a Grave, database and images (accessed 30 March 2022), memorial page for Rt. Hon. Sir Garfield Edward John Barwick (22 Jun 1903–12 Jul 1997), Find A Grave: Memorial #178147485, citing Northern Suburbs Memorial Gardens and Crematorium, North Ryde, Ryde City, New South Wales, Australia ; Maintained by letemrip (contributor 49084452) .
  • Symons-Brown .pdf

courtesy of Susie Boyle Davids, Adelaide, Australia, February 14, 2021.





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Comments: 5

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Apparently, a Governor has the right to ask "the judges" when there was a legal doubt about the Governor's powers. During the constitutional crisis which ended with Gough Whitlam being "sacked," Sir Garfield was Chief Justice. It was said that the Governor-General used this power to seek the advice of Sir Garfield. The case was argued on the basis that the Governor-General can act only on the advice of the party in power. I am an ordinary shopfront lawyer, and am unable to express an opinion.
posted by Doug Laidlaw
Hello Profile Managers!

We are featuring this profile in the Connection Finder this week. Between now and Wednesday is a good time to take a look at the sources and biography to see if there are updates and improvements that need made, especially those that will bring it up to WikiTree Style Guide standards. We know it's short notice, so don't fret too much. Just do what you can.

Thanks!

Abby

posted by Abby (Brown) Glann
Barwick-842 and Barwick-11 appear to represent the same person because: Same birth and death details. Same wife. Thanks!
posted by Gillian Thomas
Since anybody can initiate a merge, I will start one.
posted by Doug Laidlaw
I was too late. Although there is no mention on either profile, the merge has already been completed.
posted by Doug Laidlaw

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