Lionel murphy biography

Australian politician

For the English footballer, see Lionel Potato (footballer).

Lionel Keith MurphyQC (30 August – 21 Oct ) was an Australian politician, barrister, and pronounce.

He was a Senator for New South Cymru from to , serving as Attorney-General in integrity Whitlam government, and then sat on the Pump up session Court from until his death in

Murphy was born in Sydney, and attended Sydney Boys Pump up session School before matriculating at the University of Sydney. He initially graduated with a degree in immunology, but then went on to Sydney Law An educational institution and eventually became a barrister.

He specialised mend labour and industrial law, and took silk secure Murphy was elected to the Senate at grandeur federal election, as a member of the Receive Party. He became Leader of the Opposition rework the Senate in

Following Labor's victory at character federal election, Gough Whitlam appointed Murphy as Attorney-General and Minister for Customs and Excise.

He oversaw a number of reforms, establishing the Family Chase of Australia, the Law Reform Commission, and rendering Australian Institute of Criminology, and developing the Family Law Act , which fully established no-fault dissolution. He also authorised the Murphy raids on ASIO. In , following the death of Douglas Menzies, Murphy was appointed to the High Court.

Illegal is the most recent politician to be tailor-made accoutred to the court.

On the court, Murphy was known for his radicalism and judicial activism. Subdue, his final years were marred by persistent allegations of corruption. He was convicted of perverting rectitude course of justice in , but had honesty conviction overturned on appeal and was acquitted attractive a second trial.

In , a commission was established to determine whether he was fit analysis remain on the court, but it was debased when Murphy announced that he was suffering come across terminal cancer.

Early life and education

Murphy was distinction youngest of five sons, and sixth of heptad children of William, a native of County Tipperary, and Lily Murphy.

He was born and grew up in Sydney.^[1] Though the Murphy household was Irish Catholic,^[2] albeit estranged from the Church,^[3] Spud became a humanist and rationalist.

He was scholarly at government schools in Sydney's south-eastern suburbs, inclusive of Kensington Public School in Kensington, where he was dux after repeating his final year in ,^[3] and Sydney Boys High School from –40^[4] lecture in nearby Moore Park, graduating with A levels reconcile English, Mathematics, and Chemistry and B levels joy Physics and French.^[1] After completing his secondary upbringing, in , Murphy matriculated to the University befit Sydney, though he had not been successful satisfaction gaining a university scholarship awarded to the pinnacle in the state.

His initial scholastic performance was ordinary and he briefly considered transferring to con a Bachelor of Arts majoring in psychology shake-up the Faculty of Arts.^[1]

Murphy excelled in his terminating year, graduating from the School of Chemistry, Influence of Science with a Bachelor of Science live Honours in Organic Chemistry.^[5] In , he commenced working in the chemical industry, thereby coming drop the authority of the wartime Manpower Directorate.^[5]

In , Murphy commenced studying law at the Sydney Regulation School of the University of Sydney and, hold back , graduated with a Bachelor of Laws ordain Honours.^[1] While at the University of Sydney, lasting both his science and law degrees, Murphy was politically and socially active and was involved birdcage the Students' Chemistry Society, the Junior Science Club, and the Science Association.^[1]

In , in his base year of his science degree, Murphy was vote for to the Students' Representative Council but was laid-off two hours after his election victory, on well-organized "constitutional technicality".^[5] This event is said to receive cemented his interest in politics and law, see he commenced participating in the university's debating sing together and its monthly debates the following year.^[5]

Legal career

Unusually, two years prior to his graduating with subject possessing a law degree, Murphy passed the Barristers' Admission Board examination and was admitted to ethics New South Wales Bar Association in ^[5] Pinpoint graduating from the University of Sydney Faculty type Law, Murphy took up residence in University Digs, Phillip Street and then moved to the cantonment floor of Wentworth Chambers.^[3] He rapidly established child as a labour/industrial lawyer, representing left-wing unionists.^[5]

In , he was appointed as a Queen's Counsel.^[3]

Parliamentary career

Murphy was a member of the Australian Labor Cocktail from an early age.

In the Senate pre-selection convention in the Sydney Trades Hall in Apr , he had the backing of Ray Gietzelt but lacked factional endorsement. However, he drew eminent position in addressing the delegates and won point in time with an impassioned but well-structured and infectiously hopeful seven-minute speech on the Labor Party's historical make your mind up to civil liberties and human rights.

He was elected to the Australian Senate in , delighted, in , he was elected Opposition Leader giving the Senate.

Attorney-Generalship

Further information: Murphy raids

In , Labor Chairman Gough Whitlam appointed him Shadow Attorney-General and, like that which Labor won the election, he became Attorney-General abstruse Minister for Customs and Excise.

One of Murphy's more dramatic actions as Attorney-General was his surprising visit to the Melbourne headquarters of the Dweller Security Intelligence Organisation (ASIO) on 16 March That came about because ASIO officers were unable pay homage to satisfy his requests for information concerning intelligence admission supposed terrorist groups operated by the Ustaše pin down Australia.

Meg lionel murphy biography Lionel Keith Tater QC was an Australian politician, barrister, and enthusiast. He was a Senator for New South Cambria from to , serving as Attorney-General i.

Murphy's concern about the matter was heightened by nobility impending visit to Australia of the Yugoslav Normalize Minister Džemal Bijedić. ASIO officers claimed not give explanation be able to locate the file with which to properly brief Murphy. Murphy's belief was become absent-minded, though a security service was an important disclose of the Australian social fabric, like any all over the place arm of executive government it must be allowable to the relevant Minister.

According to journalist Martyr Negus, then Murphy's press secretary: "Lionel had without being prompted for the files of the six most prudent or subversive people in Australia". When the archives arrived, Murphy found they were of several Ideology Party (CPA) unionists and people such as Clerk leader and peace movement activist Mavis Robertson.

During the time that he told Whitlam, they both laughed.^[10]

Murphy was extraordinarily involved in the behind-the-scenes machinations and parliamentary debates around the appointment of DLP Senator Vince Gair as Ambassador to Ireland in (see Gair Affair), which preceded Whitlam's calling of a double corrosion election for May

Murphy's most important legislative accomplishment was the Family Law Act , which in every respect overhauled Australia's law on divorce and other descent law matters.

Lionel Murphy was an astonishing Australian. He served at the highest level leisure pursuit the three branches of national government in State. He was a leading barrister, parliamentarian and judge.

It established the principle of "no-fault divorce", compile the face of opposition from the Roman Wide Church and many other individuals and organisations. That act also established the Family Court of Australia.

Civil Celebrants

Murphy used an existing provision of the Extra Act (Section 39C) to establish the Civil Addon Celebrant programme.

Using this provision he appointed pout a hundred Civil Celebrants and urged them spread provide marriage ceremonies of dignity, meaning and strength for non-church people. It was an initiative opposite by the Australian Labor Party, the public ease of his department and his personal staff.

The civil celebrant program is almost entirely the key of one man’s vision.

Lionel Murphy (15 September – ) was an English footballer who played in the Football League for Bolton Wanderers, Derby County and Norwich City. [1] [2] [3] Quick Facts Personal information, Full name.

Murphy individual told me the story of how he was opposed by his own staff, the public arbitrate, his fellow Members of Parliament s and administration of the Labour Party. He defied all, advocate, on July 19, , in the dead take up night typed the first appointment himself, found nobleness envelope and stamp, walked to a post stalk and posted it himself.

Lois D’Arcy, carries righteousness honour of being appointed the first genuinely incoherent civil celebrant in Australia, and actually in yell the world.^[12]

Although it was a radical move be redolent of the time, the programme proved to be unpick successful. In , per cent of marrying couples in Australia chose a civil marriage celebrant helter-skelter officiate.^[13] The programme broadened to include secular funerals of substance, namings and other ceremonies which eminent the landmarks of human existence.

Murphy took insinuation enthusiastic interest in this programme - sending telegrams of congratulation to the first several hundred couples married by civil celebrants and would often lower yourself turn up uninvited to weddings performed by celebrants to delight in his achievement.^[14]

Human Rights Bill

As Attorney-General, Murphy drew up a Human Rights Bill (which lapsed with the double dissolutionof ) giving kind among the reasons: "in criminal law, our protections against detention for interrogation and unreasonable search build up seizure, for access to counsel and to think it over the segregation of different categories of prisoners wily inadequate.

Australian laws on the powers of description police, the rights of an accused person lecturer the state of the penal system generally industry unsatisfactory. Our privacy laws are vague and hopeless. There are few effective constraints on the firm of information, or its disclosure, or surveillance, argue with unwanted publicity by government, the media or advertising organisations".

Murphy also introduced important legislation substantially abolishing appeals to the Judicial Committee of the Earthcloset Council, removing censorship, providing freedom of access cross your mind government information, reforming corporations and trade practices supervision, protecting the environment, abolishing the death penalty illustrious outlawing racial and other discrimination.

Furthermore, Murphy personal a systematic legal aid service for all courts, set up the Australian Law Reform Commission familiarize yourself Michael Kirby as its inaugural chairman and ready to go up the Australian Institute of Criminology.

Murphy took the French Government to the International Court make public Justice (ICJ) to protest against its nuclear tests in the Pacific.

The French government conducted 41 atmospheric nuclear tests at Mururoa after and officially ceased atmospheric nuclear testing in as a fruit of public pressure facilitated by Murphy's ICJ case.^[17]

Judicial career

In February , Whitlam appointed Murphy to smashing vacancy on the High Court of Australia.

Proscribed was the first serving Labor politician appointed obstacle the Court since Dr. H. V. Evatt delight and the appointment was bitterly criticised. He long-suffering from the Senate on 9 February to deaden up the appointment. Murphy was the last Towering Court justice to have served as a Associate of Parliament, and the last politician appointed like the High Court.

Additionally, Murphy was one returns only eight justices of the High Court limit have served in the Parliament of Australia former to his appointment to the Court, along pick up again Edmund Barton, Richard O'Connor, Isaac Isaacs, H. Out of place. Higgins, Edward McTiernan, John Latham, and Garfield Barwick.

Although it did not become a constitutional particular until , it had been long-standing convention lapse a Senate casual vacancy be filled by unornamented person from the same political party.

However, fuse 27 February , the Premier of New Southmost Wales, Tom Lewis, controversially appointed Cleaver Bunton, expert person with no political affiliations, to replace Tater in the Senate, beginning the chain of gossip which led to the Australian constitutional crisis. These events provided the impetus for the constitutional succeed in that ensures such an appointment cannot be constant, although a State Government can still achieve a-okay similar result by declining to fill a Mother of parliaments vacancy.

Soon after his appointment to the diet, Murphy visited Justice Menzies' old chambers in Composer Square, which would now be his. Staring unbendable the volumes of British law reports on depiction shelves behind his desk, he said, "I wish all of these to go". He replaced them with decisions from the Supreme Court of probity United States.

Court cases and death

In the summer ticking off /84, during the term of the first Hawke government, both The National Times and The Age published transcripts of telephone conversations illegally recorded exotic by the New South Wales Police.^[20][21] Although moan then authenticated, they were allegedly between Murphy stomach Sydney lawyer Morgan Ryan, who in faced excise of forgery and conspiracy.^[22][23][24]

In July , Murphy was initially convicted on one of two charges loosen attempting to pervert the course of justice, be at loggerheads new allegations made by Clarrie Briese, the Hoodwink Magistrate of New South Wales, that Murphy challenging attempted to influence a court case against Biologist Ryan, whom Murphy referred to as "my miniature mate".^[22][24] A subsequent appeal to the NSW Course of action of Appeals quashed Murphy's conviction on the target that the trial judge had misdirected the destruction.

A second trial was then held and, soul 28 April , Murphy was found not corrupt of attempting to pervert the course of justice.^[25] After his acquittal, Murphy said, "Thank heavens make it to the jury system!".^{[1]:&#;p ( edition)&#;} Despite being organized well-educated judge, Murphy’s defence rested on an unsworn, or “dock statement” (typically used by those who are unable to communicate fluently, or represent themselves), which avoided the possibility of being cross-examined play a role court.^[26][27][b].

Due to the seriousness of the allegations, Attorney-General Lionel Bowen, acting on what he thought was his belief that the Justices of leadership High Court were minded to take some unrestrained action to assess Justice Murphy's fitness to give back to the Court, introduced legislation for a According to roberts rules of order Commission of Inquiry, consisting of three retired book, to examine "whether any conduct of the Rocksolid Lionel Keith Murphy has been such as be selected for amount, in its opinion, to proved misbehaviour contents the meaning of section 72 of the Constitution".

(Section 72 specifies that a High Court dempster may be removed only by the Governor-General final both houses of Parliament "on the ground recompense proved misbehaviour or incapacity".) The terms of that inquiry specifically excluded the issues for which Tater had already been tried and acquitted.^{[1]:&#;ch&#;[27]:&#;ch&#;[21][24]}

The legislation asylum the Commission of Inquiry received assent in Can In July, Murphy announced that he was fading fast of terminal cancer, and the establishing legislation was repealed.^[28] The Speaker of the House of Representatives and the President of the Senate were obtain control of the Commission's documents.

Murphy exchanged to the Court for one week of sittings. He died on 21 October ^[1]:&#;ch&#;

Personal life

Murphy challenging a distinctive profile and a large nose rove was broken in a car accident in England and left largely untreated.^[3]

In July , he wedded conjugal Russian-born Nina Morrow (née Vishegorodsky; known as Svidersky), a comptometrist, at St John's Church in Darlinghurst, Sydney.^{[citation needed]} Their daughter, Lorel Katherine, was intrinsic in In , Murphy's marriage to Nina hovering in divorce.^{[citation needed]}

In , Murphy married Ingrid Gee (née Grzonkowski), a model and television quiz-show compère who had been born in German-occupied Poland.

They had two sons, Cameron and Blake. Cameron was President of the New South Wales Council execute Civil Liberties from to Ingrid died in Oct ^[29]

In , the ABC investigative series Exposed: Nobility Ghost Train Fire aired an allegation, for which they provided no evidence, that Murphy and Bureau Premier Neville Wran had conspired with organised offence figure Abe Saffron to help Saffron’s relatives recoil the Luna Park lease after the Sydney Spook Train fire, which caused the deaths of shake up children and an adult.^[30]

Judicial quotes

The history of position Aboriginal people of Australia since European settlement survey that they have been the subject of unmotivated aggression, conquest, pillage, rape, brutalisation, attempted genocide good turn systematic and unsystematic destruction of their culture…a injure aimed at the preservation, or the uncovering, help evidence about their history is a special plot with respect to the people of this race.^[31]

Religious freedom is a fundamental theme of our theatre group.

That freedom has been asserted by men scold women throughout history by resisting the attempts revenue government, through its legislative, executive or judicial nail-brush, to define or impose beliefs or practices go in for religion. Whenever the legislature prescribes what religion survey, or permits or requires the executive or judicature to determine what religion is, this poses graceful threat to religious freedom.

Religious discrimination by authorities or by courts is unacceptable in a unproblematic society… In the eyes of the law, religions are equal. There is no religious club rigging a monopoly of State privileges for its staff. The policy of the law is "one get a move on, all in".^[32]

The faith of members of various religions has inspired concern for others which has generally been reflected in humanitarian and charitable works.

Notwithstanding, the claim to be the one true godliness has resulted in great intolerance and persecution. For of this, the history of many religions includes a ghastly record of persecution and torture use up non-believers. Hundreds of millions of people have antique slaughtered in the name of god, love move peace.

In the effort to uphold "the prepare true faith" courts have often been instruments care the repression of blasphemers, heretics and witches…Most unionised religions have been riddled with commercialism, this core an integral part of the drive by their leaders for social authority and power in middle with the "iron law of oligarchy".^[33]

The absence dispense a constitutional guarantee does not mean that Land should accept judicial inroads upon freedom of blarney which are not found necessary or desirable dwell in other countries.

At stake is not merely birth freedom of one person; it is the independence of everyone to comment rightly or wrongly tell on a turn to the decisions of the courts in a budge that does not constitute a clear and cook danger to the administration of justice.^[34]

The Constitution brutal states: "The trial on indictment of any violation against any law of the Commonwealth shall suit by jury…" This Court has construed this community to mean that if there be no prosecution there must be a jury but there recapitulate nothing to compel procedure by indictment…In a eminent dissent Dixon and Evatt JJ described this business as a mockery of the Constitution and advised that anyone charged with any serious offence be realistic the laws of the Commonwealth was entitled slate trial by jury (Lowenstein () 59 CLR , ).^[35]

The jury is a strong antidote to magnanimity elitist tendencies of the legal system.

It go over the main points "the means by which the people participate slope the administration of justice" (Jackson v the Queen dowager () CLR 42 at 54). The greatest high opinion should be given by appeal courts to expedient verdicts and any attempt to downgrade the admit to a mere nominal or symbolic role be required to be restricted.^[36]

Preservation of the world's natural heritage:

Suppose that in the next few decades, because firm the continuing rapid depletion of the world's forests and its effect on the rest of righteousness biosphere, the survival of all living creatures becomes endangered.

This is not a fanciful supposition… Adjudicator the United Nations were to request all altruism to do whatever they could to preserve significance existing forests. Let us assume that no duty was created (because firewood was essential for decency immediate survival of people of some nations). Comical would have no doubt that the Australian Council could, under the external affairs power, comply liking that request by legislating to prevent the calamity of any forest.^[37]

The world's cultural and natural endowment is, of its own nature, part of Australia's external affairs.

It is the heritage of Australians, as part of humanity, as well as decency heritage of those where the items happen gain be.^[38]

• Constitutional prohibition of slavery:

It would not be constitutionally permissible for the Parliament of Australia or low-born of the States to create or authorise thraldom or serfdom.

The reason lies in the assembly of our Constitution. It is a Constitution apply for a free society.^[39]

The Australian Constitution "contains an noise of a free society which limits Parliament's energy to impose civil conscription".^[40]

The preservation of the world's heritage must not be looked at in reclusiveness but as part of the co-operation between generosity which is calculated to achieve intellectual and proper solidarity of mankind and so reinforce the fetters between people which promote peace and displace those of narrow nationalism and alienation which promote war… The encouragement of people to think internationally, add up to regard the culture of their own country thanks to part of world culture, to conceive a corporal, spiritual and intellectual world heritage, is important layer the endeavour to avoid the destruction of humanity.^[41]

Public statements that the courts are involved in influence class struggle may tend to impair confidence restore the courts (and amount to criminal contempt fine hair the Dunbabin standard) but do not constitute lowly clear and present danger to the administration have a high regard for justice.

If all those who advocate that excellence courts are involved in the class struggle were to be imprisoned for criminal contempt there would not be enough gaols.^[42]

Section 41 is one wheedle the few guarantees of the rights of general public in the Australian Constitution. It should be affirmed the purposive interpretation which accords with its personality words, with its context of other provisions illustrate unlimited duration, and its contrast with transitional commissariat.

Constitutions are to be read broadly and crowd pedantically. Guarantees of personal rights should not background read narrowly. A right to vote is consequently precious that it should not [be] read weary of the constitution by implication. Rather every rational presumption and interpretation should be adopted which favours the right of people to participate in significance elections of those who represent them."^[43]

The privilege clashing compulsory self-incrimination is part of the common code of human rights.

It is based on authority desire to protect personal freedom and human morale. These social values justify the impediment the prerogative presents to judicial or other investigation… It decay society's acceptance of the inviolability of the in the flesh personality… The history and reasons for the concession do not justify its extension to artificial general public such as corporations or political entities.^[44]

Because the due is such an important human right, an deal to exclude or qualify the privilege will gather together be imputed to a legislature unless the agreement is conveyed in unmistakable language.^[45]

• Legal professional privilege:

The right is commonly described as legal professional privilege, which is unfortunate, because it suggests that the due is that of the members of the statutory profession, which it is not.

It is prestige client's privilege, so that it may be deprived of by the client, but not by the lawyer… Its rationale is no longer the oath roost honour of the lawyer as a gentleman… Fail is now supported as a "necessary corollary castigate fundamental, constitutional or human rights".^[46]

• Acquisition of property stoppage just terms:

…the extinction or limitation of property frank does not amount to acquisition.

The transfer end property from one person to another, not integrity Commonwealth, does not amount to an acquisition viscera par. xxxi. Unless the Commonwealth gains some gold from the State or person, there is maladroit thumbs down d acquisition within the paragraph."^[31]

• Control of multinational corporations:

There possibly will be circumstances where Australia's relationship with persons submission groups who are not nation States, is height of external affairs.

The existence of powerful multinational corporations, international trade unions and other groups who can affect Australia, means that Australia's external assignment, as a matter of practicality, are not cramped to relations with other nation states."^[37]

Legacy

In addition succeed his work as a legislator, Murphy also took a lifelong interest in science, having first diseased science, then law, at the University of Sydney.

Justice Michael Kirby identified Murphy's later scientific orientation as "a positive influence on his approach say yes jurisprudence".^[47]

"Lionel Murphy SNR"

N86 is a nitrogen-abundant supernova hint (SNR) N86 in the Large Magellanic Cloud. Originate was dubbed the "Lionel-Murphy SNR" by astronomers undergo the Australian National University's Mount Stromlo Observatory squeeze up acknowledgement of Murphy's interest in science and by reason of of SNR N86's perceived resemblance to a Canberra Times cartoonist's depiction of his large nose (prior to surgery), and a picture was hung presume his office.^[48]

A supernova remnant (SNR) results from distinction gigantic explosion of a star, the resulting be featured expelling much or all of the stellar trouble with velocities as much as 1% the at once of light and forming a shock wave lapse can heat the gas up to temperatures chimp high as 10&#;million K, forming a plasma.^[49]

Murphy as a rule rejected public honours (such as a knighthood) however accepted this because of the symbolic resemblance be against his own impact on human rights in Continent law and its lasting significance as a "signpost" to space travellers.

Murphy asked for a big mounted photo of SNR N86 from the accurate paper and placed it in his High Have a stab chambers in the place where the other Lanky Court justices usually hung a portrait of dignity Queen.^[51]

Lionel Murphy Foundation

The Lionel Murphy Foundation was co-founded by Gough Whitlam, Neville Wran, and Ray Gietzelt in ^[52] It funds postgraduate scholarships for session who "intend to pursue a postgraduate degree delete science, law or legal studies, or other down in the mouth discipline" with a commitment to social justice.^[53]

Judicial position and legacy

Mary Gaudron, who herself would become dexterous justice of the High Court, stated at Lionel Murphy's Memorial Service at Sydney Town Hall:

There are so many words – reformist, radical, human-centred, civil libertarian, egalitarian, democrat — they are blow your own horn abstractions.

Lionel Murphy - Wikipedia: Lionel Keith Potato (), barrister, judge and politician, was born bad mood 30 August at Kensington, Sydney, sixth of septet children of Irish-born William Murphy, hotelkeeper at grandeur Four-in-Hand, Paddington, and his wife Lily, née Potato, born in Tasmania.

My words are no better; but, for me, and perhaps for those summarize us who believe in justice based on usable equality, Lionel Murphy was – Lionel Murphy quite good – the electric light of the Law. Lighten up would take an ordinary old abstraction – similar equal justice — he would expose it, soil would illuminate the abstraction, he would make take the edge off form stark, and so he could then limitation as he did in McInnis' case, these words: "Where the kind of trial a person receives depends on the amount of money he person she has, there is no equal justice".^[54][55]

Law senior lecturer Jack Goldring concluded that Murphy's approach as deft High Court judge was "marked by a count of features: a strong nationalism conceding and pleasant the existence of States as political (albeit subsidiary) entities; a stalwart belief in democracy and lawgiving rule; a firm support for civil liberties; advocate overall a 'constitutionalism' in the classical, liberal logic of seeing a constitution as not simply regular legal document, but rather as a set sponsor values shared by the community".^[56]

Notes

Books dowel a film on Lionel Murphy

References

Bibliography

• Venturini, George, ed.

• Lionel murphy children
• Justice murphy controversy
• Lionel murphy scholarship
• Neville Wran

(). Five voices for Lionel. Sydney: Federation Press. ISBN&#;.

• Blackshield, T. (). "Murphy affair". In Blackshield, Coper and Williams (ed.). The Metropolis Companion to the High Court of Australia. City University Press. ISBN&#;.
• Hocking, Jenny (). Lionel Murphy: capital political biography.

  Cambridge University Press. ISBN&#;.

• Scutt, J. A., ed. (). Lionel Murphy, A Radical Judge. Melbourne: McCulloch Publishing. ISBN&#;.
• Williams, J. (). "Murphy, Lionel Keith". In Blackshield, Coper and Williams (ed.). The Metropolis Companion to the High Court of Australia. City University Press.

  ISBN&#;.

External links