Neal Macrossan
Encyclopedia
Neal William Macrossan was a lawyer, judge and Chief Justice
of the Supreme Court of Queensland
.
in Queensland
. He was the eighth and youngest child of Australian politician John Murtagh Macrossan
and Bridget Macrossan (née Queely). He was educated at the Normal School in Brisbane
. There he won a scholarship and attended at St. Joseph's Nudgee College
. In 1904 whilst studying at St Joseph’s, he was awarded the T J Byrnes medal for obtaining the highest pass mark in Queensland. In 1906 he again topped the State at the senior level. He also won a silver medal for Greek and was selected as the Rhodes scholar for Queensland in 1907.
Macrossan studied at Magdalen College, Oxford
. He obtained a Bachelor of Arts
with honours in 1910 and obtained a Master of Arts in 1914 from Oxford. The University of Queensland
awarded him a Bachelor of Arts Ad Eundem Gradum on 1 June 1911 to mark the occasion of the founding of the University of Queensland
, although the Queensland Supreme Court Library notes it as a Masters of Arts.
On his return to Queensland, he obtained employment in the Queensland Crown Solicitor’s Office. He passed the Barristers’ Board admission examination and he was called to the Bar on 27 August 1912. He unsuccessfully stood for election to the Queensland Legislative Assembly
in 1915 for the seat of Cairns, where he stood as a candidate for the Liberal Party
. In Brisbane he married Eileen Elizabeth Beirne on 14 December 1921.
He purchased Glen Alpine in 1931 in Toowoomba
. Glen Alpine had the first domestic swimming pool built in the Toowoomba area. The house and gardens are now heritage classified by the Queensland Government.
Macrossan represented ex-premier William McCormack
in the Mungana Mines case. McCormack was tried with ex-treasurer Ted Theodore
and two others. The case was instituted following a Royal Commission on 4 July 1930 in the purchase of the mines. The royal commission had made a finding that all the accused had acted dishonestly in the purchase of the mine. The conspiracy case commenced in the Supreme Court on 22 July 1931 and resulted in a jury verdict in favour of McCormack and Theodore on 25 August.
Macrossan also appeared in the Constitutional case of Peanut Board v. Rockhampton Harbour Board heard in the High Court of Australia. The case concerned whether the Queensland Government could control peanut sales in Queensland through the Peanut Board. Macrossan appeared as junior for the Board. He was unsuccessful in arguing against the marketing law and the law was held to be unconstitutional.
Macrossan lectured at the University of Queensland on Pleading
and Practice
until his appointment to the bench. He also established an endowment to the University for the Macrossan lectures.
.
As chief justice in 1947, one of the early cases heard by Macrossan at first instance was a matter concerning the dispute over the purchase of a lottery ticket. The defendants had won £6000 in a “Golden Casket” Lottery. The plaintiff claimed that the ticket was purchased in a syndicate of three, being himself and the two defendants. The case turned on the credibility of the plaintiff and the jury found in the plaintiff’s favour. Macrossan awarded £2000 to the plaintiff. The publicity surrounding the case caused lottery agents to come forward and produce new evidence that showed that the plaintiff couldn’t have entered into a syndicate on the date he stated, as the tickets hadn’t been printed before that date. An appeal to the High Court seeking to overturn that decision was unsuccessful and Macrossan’s decision stood.
In 1954 his wife Eileen died. She is buried in Nudgee Cemetry.
In 1955 Macrossan heard an appeal from a decision of the Objectionable Literature Board. The board had classified books bearing titles such as “Real Love”, “Romance Story” and “Darling Romance” as “objectionable” material. Macrossan described the publications as emphasising “the thesis that an acceptable means of achieving this ideal [of marriage] is a casual acquaintance made by a young girl with a man hitherto a complete stranger to her the ardour of whose embraces and kisses provides the assurance of the constancy of his affection". The court found that the materials was “what they considered to be a tendency to corrupt members of an age group of females described as unstable adolescents.” However on appeal to the High Court, a majority ruling overturned the decision.
Macrossan was a warden of the council of the University of Queensland, president of the Playground (and Recreation) Association of Queensland, president of the Twelfth Night Theatre
Company, and also President of the Royal Automobile Club of Queensland
.
He died on 30 December 1955 in South Brisbane and had a state funeral
. He is buried in Nudgee cemetery.
His older brother Hugh Denis Macrossan
was also a chief justice of Queensland as well as his nephew John Murtagh Macrossan
(son of Macrossan's brother Vincent).
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court of Queensland
Supreme Court of Queensland
The Supreme Court of Queensland, which is based at the Law Courts Complex, is the superior court for the Australian State of Queensland and sits around the middle of the Australian court hierarchy...
.
Early years
Macrossan was born on 27 April 1889 at LutwycheLutwyche, Queensland
Lutwyche is an inner-city residential suburb of Brisbane, located 5 km north of the city's central business district. The suburb is named after Alfred Lutwyche, a judge of the Supreme Court of New South Wales who was appointed as Supreme Court judge at Moreton Bay on 21 February 1859 , shortly...
in 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...
. He was the eighth and youngest child of Australian politician John Murtagh Macrossan
John Murtagh Macrossan
John Murtagh Macrossan was Queensland’s 16th Chief Justice and the third person from the Macrossan family to occupy that position. He was also a distinguished barrister, chancellor and judge...
and Bridget Macrossan (née Queely). He was educated at the Normal School in Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
. There he won a scholarship and attended at St. Joseph's Nudgee College
St. Joseph's Nudgee College
St Joseph's Nudgee College is a private, Roman Catholic, day and boarding school for boys, located in Boondall, a northern suburb of Brisbane, Queensland, Australia....
. In 1904 whilst studying at St Joseph’s, he was awarded the T J Byrnes medal for obtaining the highest pass mark in Queensland. In 1906 he again topped the State at the senior level. He also won a silver medal for Greek and was selected as the Rhodes scholar for Queensland in 1907.
Macrossan studied at Magdalen College, Oxford
Magdalen College, Oxford
Magdalen College is one of the constituent colleges of the University of Oxford in England. As of 2006 the college had an estimated financial endowment of £153 million. Magdalen is currently top of the Norrington Table after over half of its 2010 finalists received first-class degrees, a record...
. He obtained a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
with honours in 1910 and obtained a Master of Arts in 1914 from Oxford. The University of Queensland
University of Queensland
The University of Queensland, also known as UQ, is a public university located in state of Queensland, Australia. Founded in 1909, it is the oldest and largest university in Queensland and the fifth oldest in the nation...
awarded him a Bachelor of Arts Ad Eundem Gradum on 1 June 1911 to mark the occasion of the founding of the University of Queensland
University of Queensland
The University of Queensland, also known as UQ, is a public university located in state of Queensland, Australia. Founded in 1909, it is the oldest and largest university in Queensland and the fifth oldest in the nation...
, although the Queensland Supreme Court Library notes it as a Masters of Arts.
On his return to Queensland, he obtained employment in the Queensland Crown Solicitor’s Office. He passed the Barristers’ Board admission examination and he was called to the Bar on 27 August 1912. He unsuccessfully stood for election to the Queensland Legislative Assembly
Queensland Legislative Assembly
The Queensland Legislative Assembly is the unicameral chamber of the Parliament of Queensland. Elections are held approximately once every three years. Voting is by the Optional Preferential Voting form of the Alternative Vote system...
in 1915 for the seat of Cairns, where he stood as a candidate for the Liberal Party
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
. In Brisbane he married Eileen Elizabeth Beirne on 14 December 1921.
He purchased Glen Alpine in 1931 in Toowoomba
Toowoomba, Queensland
Toowoomba is a city in Southern Queensland, Australia. It is located west of Queensland's capital city, Brisbane. With an estimated district population of 128,600, Toowoomba is Australia's second largest inland city and its largest non-capital inland city...
. Glen Alpine had the first domestic swimming pool built in the Toowoomba area. The house and gardens are now heritage classified by the Queensland Government.
Macrossan represented ex-premier William McCormack
William McCormack
William McCormack , was Premier of Queensland, Australia, from 1925 to 1929.He was born in Purnam, Queensland and died in Brisbane on 21 November 1947....
in the Mungana Mines case. McCormack was tried with ex-treasurer Ted Theodore
Ted Theodore
Edward Granville Theodore was an Australian politician. He was Premier of Queensland 1919–25, a federal politician representing a New South Wales seat 1927–31, and Federal Treasurer 1929–30.-Early life:...
and two others. The case was instituted following a Royal Commission on 4 July 1930 in the purchase of the mines. The royal commission had made a finding that all the accused had acted dishonestly in the purchase of the mine. The conspiracy case commenced in the Supreme Court on 22 July 1931 and resulted in a jury verdict in favour of McCormack and Theodore on 25 August.
Macrossan also appeared in the Constitutional case of Peanut Board v. Rockhampton Harbour Board heard in the High Court of Australia. The case concerned whether the Queensland Government could control peanut sales in Queensland through the Peanut Board. Macrossan appeared as junior for the Board. He was unsuccessful in arguing against the marketing law and the law was held to be unconstitutional.
Macrossan lectured at the University of Queensland on Pleading
Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement filed with a court by parties in a civil action, other than a motion...
and Practice
Practice of law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister,...
until his appointment to the bench. He also established an endowment to the University for the Macrossan lectures.
Judicial appointment
Macrossan was appointed as a judge of the Supreme Court on 29 June 1940. He was appointed senior puisne judge five days later in front of more senior judges. Macrossan acted as chief justice on two occasions, before being appointed to the office on 25 April 1946. He became the second son to be appointed to that office following in the steps of his brother Hugh Denis MacrossanHugh Denis Macrossan
Hugh Denis Macrossan was a politician and judge in Queensland, a State of Australia. He was elected as a member of the Queensland Parliament, and was later to become a judge and also the Chief Justice of Queensland. He was the son of a prominent Queensland politician, and he was elected as a...
.
As chief justice in 1947, one of the early cases heard by Macrossan at first instance was a matter concerning the dispute over the purchase of a lottery ticket. The defendants had won £6000 in a “Golden Casket” Lottery. The plaintiff claimed that the ticket was purchased in a syndicate of three, being himself and the two defendants. The case turned on the credibility of the plaintiff and the jury found in the plaintiff’s favour. Macrossan awarded £2000 to the plaintiff. The publicity surrounding the case caused lottery agents to come forward and produce new evidence that showed that the plaintiff couldn’t have entered into a syndicate on the date he stated, as the tickets hadn’t been printed before that date. An appeal to the High Court seeking to overturn that decision was unsuccessful and Macrossan’s decision stood.
In 1954 his wife Eileen died. She is buried in Nudgee Cemetry.
In 1955 Macrossan heard an appeal from a decision of the Objectionable Literature Board. The board had classified books bearing titles such as “Real Love”, “Romance Story” and “Darling Romance” as “objectionable” material. Macrossan described the publications as emphasising “the thesis that an acceptable means of achieving this ideal [of marriage] is a casual acquaintance made by a young girl with a man hitherto a complete stranger to her the ardour of whose embraces and kisses provides the assurance of the constancy of his affection". The court found that the materials was “what they considered to be a tendency to corrupt members of an age group of females described as unstable adolescents.” However on appeal to the High Court, a majority ruling overturned the decision.
Macrossan was a warden of the council of the University of Queensland, president of the Playground (and Recreation) Association of Queensland, president of the Twelfth Night Theatre
Twelfth Night Theatre
thumb|250px|Twelfth Night TheatreThe Twelfth Night Theatre is an established Australian entertainment venue located in Bowen Hills, in Brisbane, Queensland. Australian actors such as Rowena Wallace, Sigrid Thornton, Judith McGrath, Jon English, June Salter, Penny Downie, Carol Burns, Kate Wilson,...
Company, and also President of the Royal Automobile Club of Queensland
Royal Automobile Club of Queensland
The Royal Automobile Club of Queensland Limited is a motoring club and mutual organisation, providing roadside assistance, insurance, travel, finance and other services to its Queensland members...
.
He died on 30 December 1955 in South Brisbane and had a state funeral
State funeral
A state funeral is a public funeral ceremony, observing the strict rules of protocol, held to honor heads of state or other important people of national significance. State funerals usually include much pomp and ceremony as well as religious overtones and distinctive elements of military tradition...
. He is buried in Nudgee cemetery.
His older brother Hugh Denis Macrossan
Hugh Denis Macrossan
Hugh Denis Macrossan was a politician and judge in Queensland, a State of Australia. He was elected as a member of the Queensland Parliament, and was later to become a judge and also the Chief Justice of Queensland. He was the son of a prominent Queensland politician, and he was elected as a...
was also a chief justice of Queensland as well as his nephew John Murtagh Macrossan
John Murtagh Macrossan
John Murtagh Macrossan was Queensland’s 16th Chief Justice and the third person from the Macrossan family to occupy that position. He was also a distinguished barrister, chancellor and judge...
(son of Macrossan's brother Vincent).
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 Queensland
- List of Judges of the Supreme Court of Queensland#Chief Justices