Thomas McCawley
Encyclopedia
Thomas William McCawley was a chief justice
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 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...

.

McCawley was born in Toowoomba, Queensland
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...

, Australia. He was of Irish-Catholic background, his father having been born in County Leitrim
County Leitrim
County Leitrim is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the village of Leitrim. Leitrim County Council is the local authority for the county...

, Ireland. On his mother's side he had German ancestry, his mother coming from Darmstadt
Darmstadt
Darmstadt is a city in the Bundesland of Hesse in Germany, located in the southern part of the Rhine Main Area.The sandy soils in the Darmstadt area, ill-suited for agriculture in times before industrial fertilisation, prevented any larger settlement from developing, until the city became the seat...

, Germany. He was educated at the Sisters of Mercy's Hibernian Hall and a state school in Toowoomba. Later, McCawley was employed by the Queensland government savings bank, and was successively transferred to the offices of the public service board and the Department of Justice. Studying after hours, he passed the prescribed examinations and was admitted to the Queensland bar on 7 May 1907. In November 1910, at the age of 29 he was appointed crown solicitor, an appointment which was controversial at the time.

McCawley was a staunch Catholic. This, and his links with the Australian Labor Party
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...

 in Queensland, attracted criticism from some parts of the legal profession in Queensland when he was appointed to a number of senior legal positions in the state There were objections from some quarters, both on political grounds and on the grounds of his lack of experience as practising barrister, when he was appointed as the first president of the Queensland Court of Industrial Arbitration in January 1917, and then puisne judge 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...

 in October 1917. Challenges to his appointment to the Supreme Court heard in the Supreme Court of Queensland and 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...

 were successful but were overturned by the 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...

 in London. During the next few years, until his premature death, he had an outstandingly successful legal career.

McCawley made contributions to industrial law and relations, and framed an award for railway employees. McCawley was made chief justice of Queensland on the retirement of Sir Pope Cooper on 1 April 1922 when he became the youngest chief justice in the British Empire . McCawley held office until 16 April 1925 when he died suddenly of a heart attack 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...

 aged 43 while running to catch a train to Toowoomba to attend to legal affairs. He was survived by his wife, four sons and one daughter.

On 13 December 1927 a bronze bust of McCawley was unveiled at the Board of Arbitration 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...

.

See also

  • List of Judges of the Supreme Court of Queensland
  • Judiciary of Australia
    Judiciary of Australia
    The 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...

  • Background to the McCawley family name
    McCawley
    McCawley and MacCawley are surnames in the English language. The names are Anglicisations of several Gaelic-language surnames. There are several etymological origins for the names: all of which originated as patronyms in several Gaelic languages—Irish and Scottish Gaelic...


External links

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