Albert Piddington
Encyclopedia
Albert Bathurst Piddington (9 September 1862 — 5 June 1945) was the shortest serving Justice of the High Court of Australia
, never actually sitting at the bench. Appointed on 6 March 1913, he resigned on 5 April after opponents questioned his independence.
, New South Wales
. He was educated at Sydney Grammar School
, and then studied at the University of Sydney
. He graduated in 1883 with a Bachelor of Arts, winning the University Medal
in Classics. He was appointed a vice-warden at the university's St. Paul's College
in 1884, and from 1887 was a lecturer in English
at the university. About this time he also started studying law. He was admitted to the New South Wales Bar in 1890.
for the electoral district of Tamworth
, defeating the former Premier of New South Wales Sir George Dibbs
. In 1896, he married Louisa O'Reilly. He was a delegate to the second constitutional convention
in 1897-1898, where he campaigned against the proposed constitution, although supporting federation
in general. He retired from politics in 1898. In 1910, Piddington was elected to the council of the University of Sydney. The following year, he was appointed as a Royal Commissioner by the Government of New South Wales
to inquire into labour shortages, and was appointed a commissioner again in 1913 to inquire into industrial arbitration in New South Wales. During this time he continued to practice law.
had died late in 1912. The then Attorney-General of Australia
Billy Hughes
, under Prime Minister
Andrew Fisher
, took the opportunity to try to stack the court. The Fisher Labor
government put forward a constitutional referendum in 1911
, proposing to give the federal government
increased power over corporations and industrial relations, and to allow it to nationalise
monopolies
. It was defeated in all states but Western Australia
. Fisher held another referendum in 1913
on the same issues, but that was also defeated. In this context, Fisher and Hughes were looking for justices who would have a broad interpretation of the Constitution of Australia
, particularly of Section 51
, which divides powers between the federal and state governments. If the constitution was interpreted broadly, then the need for referendums might be circumvented.
Hughes contacted Piddington's brother-in-law
, poet and politician Dowell O'Reilly, to ask about Piddington's view on states' rights. O'Reilly was not sure, and contacted Piddington (who was arguing a case before the Privy Council
in London
at the time) by telegram. The message reached him in Port Said
, Egypt
on 2 February. Piddington replied: "In sympathy with supremacy of Commonwealth powers." Hughes then officially offered Piddington an appointment, which he accepted. Both the New South Wales and Victorian Bar
s, and the press, spoke out against Piddington's appointment. The Bulletin
led a strong media campaign against Piddington. William Irvine
refused to welcome Piddington as a judge on behalf of the Victorian Bar. Ultimately Piddington resigned from the High Court one month after his appointment, having never sat at the bench. Hughes, who had been widely criticised for trying to stack the court, labelled Piddington a coward after the incident, and called him a "panic-stricken boy".
Piddington was one of six justices of the High Court to have served in the Parliament of New South Wales
, along with Edmund Barton
, Richard O'Connor
, Adrian Knox
, Edward McTiernan
and H. V. Evatt
.
, the new Commonwealth Liberal Party
Prime Minister. It had been rumoured that Hughes would be appointed to that position, and it has been suggested that Cook appointed Piddington to spite Hughes, or to rebuke Hughes for turning on Piddington. Nevertheless, he remained Chairman until the legislation under which he and the other two commissioners had been appointed was invalidated by the High Court. In 1919 he was made a Commissioner in both the Royal Commission on the Sugar Industry and the Royal Commission on the Basic Wage. In 1921 he was made a King's Counsel, and from 1926, he served as President of the New South Wales Industrial Relations Commission. He held that position until 1932, when following Governor of New South Wales Sir Philip Game
's dismissal of the Lang government
, Piddington resigned in protest, despite being just a few weeks short of being entitled to a pension
.
In 1934 he appeared in the High Court with Maurice Blackburn for Egon Kisch when he won his case to stay in Australia.
In 1940, Piddington returned to the High Court as a plaintiff. Two years earlier, he was seriously injured after being struck by a motorcycle while crossing Phillip Street in Sydney, and sued for negligence. Unsuccessful in the Supreme Court of New South Wales
, he appealed to the High Court. Piddington won the appeal but was unsuccessful in the retrial in the Supreme Court.
Piddington died in Mosman
.
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...
, never actually sitting at the bench. Appointed on 6 March 1913, he resigned on 5 April after opponents questioned his independence.
Early life
Piddington was born in 1862 in BathurstBathurst, New South Wales
-CBD and suburbs:Bathurst's CBD is located on William, George, Howick, Russell, and Durham Streets. The CBD is approximately 25 hectares and surrounds two city blocks. Within this block layout is banking, government services, shopping centres, retail shops, a park* and monuments...
, 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...
. He was educated at Sydney Grammar School
Sydney Grammar School
Sydney Grammar School is an independent, non-denominational, selective, day school for boys, located in Darlinghurst, Edgecliff and St Ives, all suburbs of Sydney, New South Wales, Australia....
, and then 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...
. He graduated in 1883 with a Bachelor of Arts, winning the University Medal
University Medal
A University Medal is one of several different types of awards, bestowed by universities upon outstanding students or members of staff. The usage and status of university medals differ between countries.-As award on graduation:...
in Classics. He was appointed a vice-warden at the university's St. Paul's College
St. Paul's College, Sydney
St Paul's College in Sydney, Australia, is an Anglican residential college for men which is affiliated with the University of Sydney. Founded in 1856 by an 1854 act of the New South Wales Legislative Council, it is Australia's oldest university college...
in 1884, and from 1887 was a lecturer in English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
at the university. About this time he also started studying law. He was admitted to the New South Wales Bar in 1890.
Political career
In 1895, Piddington was elected to the New South Wales Legislative AssemblyNew South Wales Legislative Assembly
The Legislative Assembly, or lower house, is one of the two chambers of the Parliament of New South Wales, an Australian state. The other chamber is the Legislative Council. Both the Assembly and Council sit at Parliament House in the state capital, Sydney...
for the electoral district of Tamworth
Electoral district of Tamworth
Tamworth is an electoral district of the Legislative Assembly in the Australian state of New South Wales. It is represented by Kevin Anderson of the National Party of Australia...
, defeating the former Premier of New South Wales Sir George Dibbs
George Dibbs
Sir George Richard Dibbs KCMG was an Australian politician who was Premier of New South Wales on three occasions.-Early years:Dibbs was born in Sydney, son of Captain John Dibbs, who disappeared in the same year...
. In 1896, he married Louisa O'Reilly. He was a delegate to the second constitutional convention
Constitutional Convention (Australia)
In Australian history, the term Constitutional Convention refers to four distinct gatherings.-1891 convention:The 1891 Constitutional Convention was held in Sydney in March 1891 to consider a draft Constitution for the proposed federation of the British colonies in Australia and New Zealand. There...
in 1897-1898, where he campaigned against the proposed constitution, although supporting federation
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...
in general. He retired from politics in 1898. In 1910, Piddington was elected to the council of the University of Sydney. The following year, he was appointed as a Royal Commissioner by the Government of New South Wales
Government of New South Wales
The form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then...
to inquire into labour shortages, and was appointed a commissioner again in 1913 to inquire into industrial arbitration in New South Wales. During this time he continued to practice law.
High Court appointment
Piddington was one of four Justices appointed to the High Court in 1913. The bench had been expanded from five to seven justices that year, and foundation justice Richard O'ConnorRichard O'Connor (Australian politician)
Richard Edward O'Connor, QC , Australian politician and judge, was a member of the first federal ministry.-Biography:...
had died late in 1912. The then Attorney-General of Australia
Attorney-General of Australia
The Attorney-General of Australia is the first law officer of the Crown, chief law officer of the Commonwealth of Australia and a minister of the Crown. The Attorney-General is usually a member of the Federal Cabinet, but there is no constitutional requirement that this be the case since the...
Billy Hughes
Billy Hughes
William Morris "Billy" Hughes, CH, KC, MHR , Australian politician, was the seventh Prime Minister of Australia from 1915 to 1923....
, under 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...
Andrew Fisher
Andrew Fisher
Andrew Fisher was an Australian politician who served as the fifth Prime Minister on three separate occasions. Fisher's 1910-13 Labor ministry completed a vast legislative programme which made him, along with Protectionist Alfred Deakin, the founder of the statutory structure of the new nation...
, took the opportunity to try to stack the court. The Fisher Labor
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...
government put forward a constitutional referendum in 1911
Australian referendum, 1911
The 1911 Australian Referendum was held on 26 April 1911. It contained two referendum questions.* Trade and Commerce * Nationalisation of Monopolies ...
, proposing to give the federal government
Government of Australia
The Commonwealth of Australia is a federal constitutional monarchy under a parliamentary democracy. The Commonwealth of Australia was formed in 1901 as a result of an agreement among six self-governing British colonies, which became the six states...
increased power over corporations and industrial relations, and to allow it to nationalise
Nationalization
Nationalisation, also spelled nationalization, is the process of taking an industry or assets into government ownership by a national government or state. Nationalization usually refers to private assets, but may also mean assets owned by lower levels of government, such as municipalities, being...
monopolies
Monopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
. It was defeated in all states but Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
. Fisher held another referendum in 1913
Australian referendum, 1913
The 1913 Australian Referendum was held on 31 May 1913. It contained six referendum questions.* Trade and Commerce * Corporations * Industrial Matters * Trusts ...
on the same issues, but that was also defeated. In this context, Fisher and Hughes were looking for justices who would have a broad interpretation of the Constitution of Australia
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
, particularly of Section 51
Section 51 of the Australian Constitution
Section 51 of the Constitution of Australia grants legislative powers to the Australian Parliament only when subject to the constitution. When the six Australian colonies joined together in Federation in 1901, they became the original States and ceded some of their powers to the new Commonwealth...
, which divides powers between the federal and state governments. If the constitution was interpreted broadly, then the need for referendums might be circumvented.
Hughes contacted Piddington's brother-in-law
Brother-in-law
A brother-in-law is the brother of one's spouse, the husband of one's sibling, or the husband of one's spouse's sibling.-See also:*Affinity *Sister-in-law*Brothers in Law , a 1955 British comedy novel...
, poet and politician Dowell O'Reilly, to ask about Piddington's view on states' rights. O'Reilly was not sure, and contacted Piddington (who was arguing a case before 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 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...
at the time) by telegram. The message reached him in Port Said
Port Said
Port Said is a city that lies in north east Egypt extending about 30 km along the coast of the Mediterranean Sea, north of the Suez Canal, with an approximate population of 603,787...
, Egypt
Egypt
Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world...
on 2 February. Piddington replied: "In sympathy with supremacy of Commonwealth powers." Hughes then officially offered Piddington an appointment, which he accepted. Both the New South Wales and Victorian Bar
Victorian Bar
The Victorian Bar is the bar association for the Australian State of Victoria. Its members are barristers registered to practice in Victoria. On 19 January 2006, there were 1627 counsel practising as members of the Victorian Bar. Once a barrister has been admitted to practice by the Supreme Court...
s, and the press, spoke out against Piddington's appointment. The Bulletin
The Bulletin
The Bulletin was an Australian weekly magazine that was published in Sydney from 1880 until January 2008. It was influential in Australian culture and politics from about 1890 until World War I, the period when it was identified with the "Bulletin school" of Australian literature. Its influence...
led a strong media campaign against Piddington. William Irvine
William Irvine (Australian politician)
Sir William Hill Irvine GCMG , Australian politician and judge, was the 21st Premier of Victoria. Irvine was born in Newry in County Down, Ireland, into a Scottish-Presbyterian family...
refused to welcome Piddington as a judge on behalf of the Victorian Bar. Ultimately Piddington resigned from the High Court one month after his appointment, having never sat at the bench. Hughes, who had been widely criticised for trying to stack the court, labelled Piddington a coward after the incident, and called him a "panic-stricken boy".
Piddington was one of six justices of the High Court to have served in the Parliament of New South Wales
Parliament of New South Wales
The Parliament of New South Wales, located in Parliament House on Macquarie Street, Sydney, is the main legislative body in the Australian state of New South Wales . It is a bicameral parliament elected by the people of the state in general elections. The parliament shares law making powers with...
, along with Edmund Barton
Edmund Barton
Sir Edmund Barton, GCMG, KC , Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia....
, Richard O'Connor
Richard O'Connor
General Sir Richard Nugent O'Connor KT, GCB, DSO & Bar, MC, ADC was a British Army general who commanded the Western Desert Force in the early years of World War II...
, Adrian Knox
Adrian Knox
Sir Adrian Knox KCMG, KC , Australian judge, was the second Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1919 to 1930.-Education:...
, Edward McTiernan
Edward McTiernan
Sir Edward Aloysius McTiernan, KBE , was an Australian jurist, lawyer and politician. He served as an Australian Labor Party member of both the New South Wales Legislative Assembly and federal House of Representatives before being appointed to the High Court of Australia in 1930...
and H. V. Evatt
H. V. Evatt
Herbert Vere Evatt, QC KStJ , was an Australian jurist, politician and writer. He was President of the United Nations General Assembly in 1948–49 and helped draft the United Nations Universal Declaration of Human Rights...
.
Later life
In September 1913, Piddington was appointed as the chairman of the Interstate Commission by Joseph CookJoseph Cook
Sir Joseph Cook, GCMG was an Australian politician and the sixth Prime Minister of Australia. Born as Joseph Cooke and working in the coal mines of Silverdale, Staffordshire during his early life, he emigrated to Lithgow, New South Wales during the late 1880s, and became General-Secretary of the...
, the new Commonwealth Liberal Party
Commonwealth Liberal Party
The Commonwealth Liberal Party was a political movement active in Australia from 1909 to 1916, shortly after federation....
Prime Minister. It had been rumoured that Hughes would be appointed to that position, and it has been suggested that Cook appointed Piddington to spite Hughes, or to rebuke Hughes for turning on Piddington. Nevertheless, he remained Chairman until the legislation under which he and the other two commissioners had been appointed was invalidated by the High Court. In 1919 he was made a Commissioner in both the Royal Commission on the Sugar Industry and the Royal Commission on the Basic Wage. In 1921 he was made a King's Counsel, and from 1926, he served as President of the New South Wales Industrial Relations Commission. He held that position until 1932, when following Governor of New South Wales Sir Philip Game
Philip Game
Air Vice-Marshal Sir Philip Woolcott Game GCB, GCVO, GBE, KCMG, DSO was a British Royal Air Force commander, who later served as Governor of New South Wales and Commissioner of Police of the Metropolis...
's dismissal of the Lang government
Jack Lang (Australian politician)
John Thomas Lang , usually referred to as J.T. Lang during his career, and familiarly known as "Jack" and nicknamed "The Big Fella" was an Australian politician who was Premier of New South Wales for two terms...
, Piddington resigned in protest, despite being just a few weeks short of being entitled to a pension
Pension
In general, a pension is an arrangement to provide people with an income when they are no longer earning a regular income from employment. Pensions should not be confused with severance pay; the former is paid in regular installments, while the latter is paid in one lump sum.The terms retirement...
.
In 1934 he appeared in the High Court with Maurice Blackburn for Egon Kisch when he won his case to stay in Australia.
In 1940, Piddington returned to the High Court as a plaintiff. Two years earlier, he was seriously injured after being struck by a motorcycle while crossing Phillip Street in Sydney, and sued for negligence. Unsuccessful in 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...
, he appealed to the High Court. Piddington won the appeal but was unsuccessful in the retrial in the Supreme Court.
Piddington died in Mosman
Mosman, New South Wales
Mosman is a suburb on the Lower North Shore of Sydney, in the state of New South Wales, Australia. Mosman is located 8 kilometres north-east of the Sydney central business district and is the administrative centre for the local government area of the Municipality of Mosman.-Localities:In February...
.