Robert French
Encyclopedia
Robert Shenton French, AC (born 19 March 1947) is Chief Justice
of the High Court of Australia
, the highest court in the Australian court hierarchy
.
Although two other Western Australians, Sir Ronald Wilson
and John Toohey, have been High Court judges, Robert French is the first Chief Justice from that state.
(now John XXIII College), in Perth.
He subsequently attended the University of Western Australia
in Perth
, where he graduated with a Bachelor of Science and Bachelor of Laws. He was President of the University's Liberal Club
and served briefly as treasurer of the University of Western Australia Student Guild
.
for the Liberal Party
, which he lost to Kim Beazley, Sr.
. He is a close friend of Kim Beazley, Jr.
. French served as President of the Fremantle Branch of the Liberal Party, and hence on the State Executive of the Party.
In 1972, French was admitted as a barrister and solicitor in Western Australia.
The Hawke
government appointed French to the Federal Court in 1986, at the age of 39.
During the Tampa Affair
, he was part of the Full Court of the Federal Court that reversed the order of habeas corpus that had been earlier granted by a single judge.
On 30 July 2008, Prime Minister
Kevin Rudd
announced that French would succeed Murray Gleeson
as Chief Justice of the High Court of Australia
. He was sworn in on 1 September 2008. He is the first Chief Justice of the High Court not to have taken silk at appointment.
French has served in numerous bodies, including as part-time Commissioner of the Australian Law Reform Commission (2006-08), Additional Judge of the Supreme Court of the ACT (2004-08), a Judge of the Supreme Court of Fiji (2003-08), President of the National Native Title Tribunal (1994-98), Council Member of the Australian Institute of Judicial Administration (1992-08), Chancellor of Edith Cowen University (1991-97), Member of the Law Reform Commission of Western Australia (1986), Chairman of the Town Planning Appeals Tribunal of Western Australia (1986), Associate Member of the Trade Practices Commission (1983-86), member of the Legal Aid Commission of Western Australia (1983-86), a member of the Barrister's Board of Western Australia (1979-86), and Chairman of the Aboriginal Legal Service of Western Australia (1973-75).
.
At his swearing in ceremony as Chief Justice, French specifically referred to the long history of indigenous Australia, noting that:
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 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...
.
Although two other Western Australians, Sir Ronald Wilson
Ronald Wilson
Sir Ronald Darling Wilson, AC, KBE, CMG, QC was a distinguished Australian lawyer, judge and social activist serving on the High Court of Australia between 1979 and 1989 and as the President of the Human Rights and Equal Opportunity Commission between 1990 and 1997.Wilson is probably best known as...
and John Toohey, have been High Court judges, Robert French is the first Chief Justice from that state.
Education
French was educated at St. Louis SchoolSt. Louis School, Claremont, Western Australia
St. Louis School was a Catholic boys’ school in Claremont, Western Australia, between 1938 and 1976.-History:St. Louis School was a Catholic boys’ school founded by the Jesuits – their only school in Western Australia. It opened on 23 May 1938 in Claremont in the western suburbs of Perth, on the...
(now John XXIII College), in Perth.
He subsequently attended the University of Western Australia
University of Western Australia
The University of Western Australia was established by an Act of the Western Australian Parliament in February 1911, and began teaching students for the first time in 1913. It is the oldest university in the state of Western Australia and the only university in the state to be a member of the...
in Perth
Perth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia and the fourth most populous city in Australia. The Perth metropolitan area has an estimated population of almost 1,700,000....
, where he graduated with a Bachelor of Science and Bachelor of Laws. He was President of the University's Liberal Club
Australian Liberal Students' Federation
The Australian Liberal Stduents' Federation or ALSF is an Australian students political group. The ALSF is the peak national body for over thirty campus Liberal Clubs. While the ALSF carries similar ideology to the Liberal Party of Australia and works closely with the party it is an Independent...
and served briefly as treasurer of the University of Western Australia Student Guild
University of Western Australia Student Guild
The UWA Student Guild is the official student representative body at the University of Western Australia, representing the interests of students to the University, government and the wider community, as well as providing services to students...
.
Career
In 1969 at the age of 22, French contested the safe Labor Federal seat of FremantleDivision of Fremantle
The Division of Fremantle is an Australian Electoral Division in Western Australia.The division was created at Federation in 1900 and was one of the original 75 divisions contested at the first federal election...
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...
, which he lost to Kim Beazley, Sr.
Kim Edward Beazley
Kim Edward Beazley, AO , known as Kim Beazley during his career, Australian politician, was Minister for Education in the government of Gough Whitlam and a Labor member of the Australian House of Representatives for 32 years, from 1945 to 1977.Beazley, the youngest of seven children, was born in...
. He is a close friend of Kim Beazley, Jr.
Kim Beazley
In the October 1998 election, Labor polled a majority of the two-party vote and received the largest swing to a first-term opposition since 1934. However, due to the uneven nature of the swing, Labor came up eight seats short of making Beazley Prime Minister....
. French served as President of the Fremantle Branch of the Liberal Party, and hence on the State Executive of the Party.
In 1972, French was admitted as a barrister and solicitor in Western Australia.
The Hawke
Bob Hawke
Robert James Lee "Bob" Hawke AC GCL was the 23rd Prime Minister of Australia from March 1983 to December 1991 and therefore longest serving Australian Labor Party Prime Minister....
government appointed French to the Federal Court in 1986, at the age of 39.
During the Tampa Affair
Tampa affair
In August 2001, the Howard Government of Australia refused permission for the Norwegian freighter MV Tampa, carrying 438 rescued Afghans from a distressed fishing vessel in international waters, to enter Australian waters...
, he was part of the Full Court of the Federal Court that reversed the order of habeas corpus that had been earlier granted by a single judge.
On 30 July 2008, Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
announced that French would succeed Murray Gleeson
Murray Gleeson
Anthony Murray Gleeson AC QC is a former Chief Justice of the High Court of Australia, the highest court in the Australian court hierarchy.-Biography:Gleeson was born in Wingham, New South Wales, the eldest of four children...
as Chief 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...
. He was sworn in on 1 September 2008. He is the first Chief Justice of the High Court not to have taken silk at appointment.
French has served in numerous bodies, including as part-time Commissioner of the Australian Law Reform Commission (2006-08), Additional Judge of the Supreme Court of the ACT (2004-08), a Judge of the Supreme Court of Fiji (2003-08), President of the National Native Title Tribunal (1994-98), Council Member of the Australian Institute of Judicial Administration (1992-08), Chancellor of Edith Cowen University (1991-97), Member of the Law Reform Commission of Western Australia (1986), Chairman of the Town Planning Appeals Tribunal of Western Australia (1986), Associate Member of the Trade Practices Commission (1983-86), member of the Legal Aid Commission of Western Australia (1983-86), a member of the Barrister's Board of Western Australia (1979-86), and Chairman of the Aboriginal Legal Service of Western Australia (1973-75).
On republicanism
French said in a WA Law Society speech in May 2008:
"It is unacceptable in contemporary Australia that the legal head of the Australian state ... can never be chosen by the people or their representatives, cannot be other than a member of the Anglican Church, can never be other than British and can never be an indigenous person."
Indigenous issues
Justice French is known for working for the rights of Indigenous Australians; in the early 1970s he helped found the WA Aboriginal Legal Service. He was also the first president of the National Native Title TribunalNational Native Title Tribunal
The National Native Title Tribunal is an independent body that assists people to reach timely and effective outcomes for disputes about native title in Australia....
.
At his swearing in ceremony as Chief Justice, French specifically referred to the long history of indigenous Australia, noting that:
Recognition of their presence is no mere platitude. The history of Australia's indigenous people dwarfs, in its temporal sweep, the history that gave rise to the Constitution under which this court was created.Our awareness and recognition of that history is becoming, if it has not already become, part of our national identity.
Awards
- HonoraryHonorary degreeAn honorary degree or a degree honoris causa is an academic degree for which a university has waived the usual requirements, such as matriculation, residence, study, and the passing of examinations...
Doctor of Laws, Edith Cowan UniversityEdith Cowan UniversityEdith Cowan University is located in Perth, Western Australia. It was named after the first woman to be elected to an Australian Parliament, Edith Cowan, and is the only Australian university named after a woman....
, 1998 - Western Australian Citizen of the YearWestern Australian Citizen of the Year AwardThe Western Australian Citizen of the Year Awards were first presented in 1973 by the Western Australia Week Council, later renamed Celebrate WA, to provide the community with an opportunity to honour the achievements and contribution of their fellow citizens....
– Professions, 1998 - Centenary MedalCentenary MedalThe 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...
, 2001, for service as President of the National Native Title Tribunal and as a Federal Court judge - Companion of the Order of AustraliaOrder of AustraliaThe 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"...
, 2010, for eminent service to the law and to the judiciary, to legal education and administration in the areas of constitutional, competition and native title law, and to legal reform.