Clifford Menhennitt
Encyclopedia
Clifford Inch Menhennitt (30 October 1912 - 29 October 1979) was an Australia
n jurist. He served as a Justice of the Supreme Court of Victoria
from 1966 to 1979. While largely unknown today, Menhennitt was responsible for delivering the landmark 1969 Menhennitt ruling
, which was the first legal precedent with regard to abortion
law in Australia.
Menhennitt was born in Melbourne, and attended Scotch College
and the University of Melbourne
. He was an excellent student, and won the E. J. B. Nunn Scholarship and the Supreme Court Prize in his final honours examination in 1933. He was admitted to legal practice in 1935 with solicitor firm Alexander Grant, Dickson and Menhennitt, and worked there until his admission to the bar in 1946. A talented litigator, he appeared many times before the High Court of Australia
and Privy Council
, and was appointed as a Queens Counsel in 1957. He also remained active in the legal and university communities, serving as Vice-Chair of the Victorian Bar Council
and a member of the Executive of the Law Council of Australia
, and working as a lecturer and serving on several governing boards at the University of Melbourne. His work with the university saw Menhennitt serve as its Warden of Convocation from 1965 to 1968, and as a member of the University Council from 1968 to 1973.
Menhennitt was appointed as an Acting Judge of the Supreme Court of Victoria
on 27 April 1966, and quickly impressed with his capabilities. The Australian Bar Gazette stated that during his time in the position, he had "revealed learning and skill in the conduct of trials in matters far removed from his previous fields of practice." Six months later, Sir Norman O'Bryan retired from the bench, and on 17 October, Menhennitt was appointed as his replacement. Menhennitt was highly regarded for both his knowledge and efficiency during his time on the court, and had a reputation for being relatively quick in returning decisions. While on the court, he was the original judge in charge of the Building Cases List, and was later responsible for the Commercial Causes List. He also served as chairman of Victorian Council of Law Reporting from 1974 until his death, and had also been a member of the Chief Justice's Law Reform Committee.
Though he was on the court for thirteen years, Menhennitt remains most well known for one particular case, R v Davidson
(1969 V.R. 667), most commonly known as the Menhennitt ruling. It was the first legal precedent in Australia concerning the legality of abortion, and Menhennitt ruled that abortion was lawfully justified if "necessary to preserve the physical or mental health of the woman concerned, provided that the danger involved in the abortion did not outweigh the danger which the abortion was designed to prevent." It was later largely adopted by courts in New South Wales
and Queensland
(with the Levine ruling of 1971 and McGuire ruling of 1986 respectively), and was influential in some other states. Though changes have been made in most other jurisdictions, the Menhennitt ruling remains the essential basis of Victorian abortion law to the present day.
Menhennitt died suddenly at his North Balwyn home on 29 October 1979, the day before his 67th birthday, and was found by his driver, who had come to take him to the court. The Supreme Court held a special sitting in his honour the following day, whereupon Chief Justice Sir John Young paid tribute to Menhennitt's distinguished career.
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...
n jurist. He served as a Justice of 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...
from 1966 to 1979. While largely unknown today, Menhennitt was responsible for delivering the landmark 1969 Menhennitt ruling
R v Davidson
R v Davidson, also known as the Menhennitt ruling, was a significant ruling delivered in the Supreme Court of Victoria on 26 May 1969. It concerned the legality of abortion in the Australian state of Victoria...
, which was the first legal precedent with regard to abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
law in Australia.
Menhennitt was born in Melbourne, and attended Scotch College
Scotch College, Melbourne
Scotch College, Melbourne is an independent, Presbyterian, day and boarding school for boys, located in Hawthorn, an inner-eastern suburb of Melbourne, Victoria, Australia....
and the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
. He was an excellent student, and won the E. J. B. Nunn Scholarship and the Supreme Court Prize in his final honours examination in 1933. He was admitted to legal practice in 1935 with solicitor firm Alexander Grant, Dickson and Menhennitt, and worked there until his admission to the bar in 1946. A talented litigator, he appeared many times before 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...
and Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
, and was appointed as a Queens Counsel in 1957. He also remained active in the legal and university communities, serving as Vice-Chair of the Victorian Bar Council
Victorian Bar
The 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...
and a member of the Executive of the Law Council of Australia
Law Council of Australia
The Law Council of Australia is an association of law societies and bar associations from the States and territories of Australia, and the peak body representing the legal profession in Australia. The Council was formed in 1933 to unite the various state legal associations, in order to represent...
, and working as a lecturer and serving on several governing boards at the University of Melbourne. His work with the university saw Menhennitt serve as its Warden of Convocation from 1965 to 1968, and as a member of the University Council from 1968 to 1973.
Menhennitt was appointed as an Acting Judge of 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 27 April 1966, and quickly impressed with his capabilities. The Australian Bar Gazette stated that during his time in the position, he had "revealed learning and skill in the conduct of trials in matters far removed from his previous fields of practice." Six months later, Sir Norman O'Bryan retired from the bench, and on 17 October, Menhennitt was appointed as his replacement. Menhennitt was highly regarded for both his knowledge and efficiency during his time on the court, and had a reputation for being relatively quick in returning decisions. While on the court, he was the original judge in charge of the Building Cases List, and was later responsible for the Commercial Causes List. He also served as chairman of Victorian Council of Law Reporting from 1974 until his death, and had also been a member of the Chief Justice's Law Reform Committee.
Though he was on the court for thirteen years, Menhennitt remains most well known for one particular case, R v Davidson
R v Davidson
R v Davidson, also known as the Menhennitt ruling, was a significant ruling delivered in the Supreme Court of Victoria on 26 May 1969. It concerned the legality of abortion in the Australian state of Victoria...
(1969 V.R. 667), most commonly known as the Menhennitt ruling. It was the first legal precedent in Australia concerning the legality of abortion, and Menhennitt ruled that abortion was lawfully justified if "necessary to preserve the physical or mental health of the woman concerned, provided that the danger involved in the abortion did not outweigh the danger which the abortion was designed to prevent." It was later largely adopted by courts in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
and Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
(with the Levine ruling of 1971 and McGuire ruling of 1986 respectively), and was influential in some other states. Though changes have been made in most other jurisdictions, the Menhennitt ruling remains the essential basis of Victorian abortion law to the present day.
Menhennitt died suddenly at his North Balwyn home on 29 October 1979, the day before his 67th birthday, and was found by his driver, who had come to take him to the court. The Supreme Court held a special sitting in his honour the following day, whereupon Chief Justice Sir John Young paid tribute to Menhennitt's distinguished career.
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
- 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...