Alan Taylor (jurist)
Encyclopedia
Sir Alan Russell Taylor KBE
KC
, 25 November 1901 – 3 August 1969) Australia
n judge, was a Justice of the High Court of Australia
.
Taylor was born in 1901 in the city of Newcastle
, New South Wales
. Brought up in an Anglican family, Taylor initially wanted to join the church, but obtained a job as a public servant while waiting to study to be a priest, and was eventually employed in the office of the Solicitor-General of Australia
, where he developed an interest in law.
Taylor studied at the University of Sydney
, graduating with a Bachelor of Laws degree, with honours, in 1926. Later that year, Taylor was admitted to the New South Wales Bar. In 1933, he married Ceinwen Williams, with whom he would later have a son and a daughter.
From 1933 to 1938, was a Challis Lecturer in the law school at the University of Sydney, teaching equity and company law. He was made a King's Counsel in 1943, and began to have an increasing number of appearances before the High Court. From 1947 to 1948, Taylor represented the banks in the famous Bank Nationalisation case, as part of a team led by future Chief Justice of Australia
Garfield Barwick
, also including future High Court colleague Frank Kitto
. From 1948 to 1949, Taylor was President of the New South Wales Bar Association.
Taylor was made a Judge of the Supreme Court of New South Wales
in 1952, and later that year, on 3 September, he was appointed to the bench of the High Court. He was appointed following the retirement of John Latham and the elevation of Owen Dixon
as Chief Justice earlier in the year. According to David Marr
, Taylor was never as close to Dixon as some of the other justices, such as Kitto or Fullagar
, and had a blunter judicial style than Dixon. Dixon was succeeded in 1964 by Garfield Barwick. Taylor had worked with him on a number of cases, including the Banks case, and they shared some common views on Australian constitutional law
, as well as having a similar judicial style. Although Taylor worked better with Barwick than with Dixon, all of his colleagues agreed that he was a hard-working and congenial judge.
Taylor was made a Knight of the Order of the British Empire
in 1955, and was appointed to the Privy Council
in 1963. At the invitation of the Lord Chancellor
, Baron Gardiner
, Taylor spent three months in 1967 in London
hearing Privy Council appeals.
In May 1968, Taylor suffered a heart attack
, but after a short break he returned to full duties on the High Court. Barwick later said that although the heart attack certainly affected Taylor physically, he was just as dedicated to his work as he had previously been. Taylor continued to serve on the High Court until his death until August 1969, when he died suddenly one Sunday morning. In a tribute puclished in the Commonwealth Law Reports
, Barwick said of Taylor that he was:
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
KC
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, 25 November 1901 – 3 August 1969) Australia
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 judge, was a 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...
.
Taylor was born in 1901 in the city of Newcastle
Newcastle, New South Wales
The Newcastle metropolitan area is the second most populated area in the Australian state of New South Wales and includes most of the Newcastle and Lake Macquarie Local Government Areas...
, 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...
. Brought up in an Anglican family, Taylor initially wanted to join the church, but obtained a job as a public servant while waiting to study to be a priest, and was eventually employed in the office of the Solicitor-General of Australia
Solicitor-General of Australia
The Solicitor-General of the Commonwealth of Australia is the Second Law Officer to the Attorney-General of Australia. The holders of this office are not members of parliament....
, where he developed an interest in law.
Taylor studied at the University of Sydney
University of Sydney
The University of Sydney is a public university located in Sydney, New South Wales. The main campus spreads across the suburbs of Camperdown and Darlington on the southwestern outskirts of the Sydney CBD. Founded in 1850, it is the oldest university in Australia and Oceania...
, graduating with a Bachelor of Laws degree, with honours, in 1926. Later that year, Taylor was admitted to the New South Wales Bar. In 1933, he married Ceinwen Williams, with whom he would later have a son and a daughter.
From 1933 to 1938, was a Challis Lecturer in the law school at the University of Sydney, teaching equity and company law. He was made a King's Counsel in 1943, and began to have an increasing number of appearances before the High Court. From 1947 to 1948, Taylor represented the banks in the famous Bank Nationalisation case, as part of a team led by future Chief Justice of Australia
Chief Justice of Australia
The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia...
Garfield Barwick
Garfield Barwick
Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...
, also including future High Court colleague Frank Kitto
Frank Kitto
Sir Frank Walters Kitto, AC, KBE, QC , Australian judge, was a Justice of the High Court of Australia.Kitto was born in Melbourne in 1903, but his family moved to Sydney, when his father James Kitto became the Deputy Director of Posts and Telegraphs in New South Wales. There he was educated at...
. From 1948 to 1949, Taylor was President of the New South Wales Bar Association.
Taylor was made a Judge of the Supreme Court of New South Wales
Supreme Court of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales...
in 1952, and later that year, on 3 September, he was appointed to the bench of the High Court. He was appointed following the retirement of John Latham and the elevation of Owen Dixon
Owen Dixon
Sir Owen Dixon, OM, GCMG, KC Australian judge and diplomat, was the sixth Chief Justice of Australia. A justice of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking world and is widely regarded as Australia's greatest ever jurist.-Education:Dixon...
as Chief Justice earlier in the year. According to David Marr
David Marr (journalist)
David Ewan Marr is an Australian journalist, author, and progressive political and social commentator. His areas of expertise include the law, Australian politics, censorship, the media and the arts...
, Taylor was never as close to Dixon as some of the other justices, such as Kitto or Fullagar
Wilfred Fullagar
Sir Wilfred Kelsham Fullagar, KBE, KC was a judge on the High Court of Australia.-Early Life and Studies:...
, and had a blunter judicial style than Dixon. Dixon was succeeded in 1964 by Garfield Barwick. Taylor had worked with him on a number of cases, including the Banks case, and they shared some common views on Australian constitutional law
Australian constitutional law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed....
, as well as having a similar judicial style. Although Taylor worked better with Barwick than with Dixon, all of his colleagues agreed that he was a hard-working and congenial judge.
Taylor was made a Knight of the Order of the British Empire
Order of the British Empire
The Most Excellent Order of the British Empire is an order of chivalry established on 4 June 1917 by George V of the United Kingdom. The Order comprises five classes in civil and military divisions...
in 1955, and was appointed to the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
in 1963. At the invitation of the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
, Baron Gardiner
Gerald Gardiner, Baron Gardiner
Gerald Austin Gardiner, Baron Gardiner, CH, QC, PC , was a British Labour politician, who served as Lord High Chancellor of Great Britain from 1964 to 1970 and during that time he introduced into British law as many reforms as any Lord Chancellor had done before or since...
, Taylor spent three months in 1967 in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
hearing Privy Council appeals.
In May 1968, Taylor suffered a heart attack
Myocardial infarction
Myocardial infarction or acute myocardial infarction , commonly known as a heart attack, results from the interruption of blood supply to a part of the heart, causing heart cells to die...
, but after a short break he returned to full duties on the High Court. Barwick later said that although the heart attack certainly affected Taylor physically, he was just as dedicated to his work as he had previously been. Taylor continued to serve on the High Court until his death until August 1969, when he died suddenly one Sunday morning. In a tribute puclished in the Commonwealth Law Reports
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
, Barwick said of Taylor that he was:
"...wise in conference, confident and practical in decision and gentle in dissent... [what] is uppermost in our minds is the warmth of his friendship, his unfailing good humour, and his ready turn of wit and phrase on all occasions, making our daily association with him pleasant and memorable... The Court has lost a great judge, each of us here has lost a close friend."