Frank Kitto
Encyclopedia
Sir Frank Walters Kitto, AC
, KBE
, QC
(30 July 1903 – 15 February 1994), Australia
n 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 North Sydney Boys' High School. He later studied at the University of Sydney
, where he graduated with a Bachelor of Laws (with honours) and a Bachelor of Arts, also winning the university's Pitt Coberg Prize.
In 1927 he married Eleanor May Howard and subsequently they had four daughters,Kathleen, Margaret, Lindsay (Lyn) and Elizabeth (Liz).
From 1921 to 1927, Kitto worked for the Solicitor-General of New South Wales, and after this time he was admitted to the New South Wales Bar, where he practised as a barrister
. His specialities were equity and Australian constitutional law
. From 1930 to 1933 he was a lecturer at the University of Sydney, teaching bankruptcy
and probate
law in the Sydney law school. In 1932, while still a junior counsel, he appeared for the Government of New South Wales
in Trethowan's case, which concerned Premier Jack Lang
's attempt to abolish the New South Wales Legislative Council
. The case was argued through the Supreme Court of New South Wales
, the High Court and then finally to the Judicial Committee of the Privy Council
.
As a lawyer, Kitto often argued both alongside and against Garfield Barwick
, then a King's Counsel and later Chief Justice of Australia
. In the banks nationalisation case
, Kitto and Barwick argued for the banks, in another case which went to the Privy Council. Kitto's work in defeating the Chifley government's
attempt to nationalise the banks was rewarded by the opposing Menzies government
two years later by an appointment to the bench of the High Court on 10 May 1950. Kitto was the first person appointed to the Court who had been born after Federation of Australia
. At his swearing in, Kitto remarked:
Kitto had a complicated writing style, but his judgments were generally highly regarded for being well founded in legal principle. The former High Court Justice Michael Kirby considers that Kitto's judgment in the Communist Party case
, delivered less than a year after his appointment to the court, remains one of his finest, primarily because of his unwavering support for the rule of law
and for the Constitution
.
In 1963, Kitto was appointed to the Privy Council. Kitto resigned from the High Court on 1 August 1970, and was subsequently appointed Chancellor of the University of New England
, having been Deputy Chancellor since 1968. He continued as Chancellor until 1981. Kitto also served as the inaugural Chairman of the Australian Press Council
from 1976 to 1982. Kitto was awarded an honorary Doctorate of Laws from the University of Sydney, and an honorary Doctorate of Letters from the University of New England. Students at colleges of the University of New England compete for the Sir Frank Kitto Trophy, which is awarded for excellence in cultural pursuits.
In 1983, Kitto was made a Companion of the Order of Australia, having previously been knighted by the award of Knight Commander of the Order of the British Empire
in 1955.
He died in 1994, in Armidale, New South Wales
, at the age of 90.
The Kitto family is of Cornish
origin meaning "Christopher's(Kit's) Children".
Order of Australia
The 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"...
, KBE
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...
, QC
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...
(30 July 1903 – 15 February 1994), 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...
.
Kitto was born in Melbourne
Melbourne
Melbourne is the capital and most populous city in the state of Victoria, and the second most populous city in Australia. The Melbourne City Centre is the hub of the greater metropolitan area and the Census statistical division—of which "Melbourne" is the common name. As of June 2009, the greater...
in 1903, but his family moved to Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
, when his father James Kitto became the Deputy Director of Posts and Telegraphs in 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...
. There he was educated at North Sydney Boys' High School. He later 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...
, where he graduated with a Bachelor of Laws (with honours) and a Bachelor of Arts, also winning the university's Pitt Coberg Prize.
In 1927 he married Eleanor May Howard and subsequently they had four daughters,Kathleen, Margaret, Lindsay (Lyn) and Elizabeth (Liz).
From 1921 to 1927, Kitto worked for the Solicitor-General of New South Wales, and after this time he was admitted to the New South Wales Bar, where he practised as a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
. His specialities were equity and 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....
. From 1930 to 1933 he was a lecturer at the University of Sydney, teaching bankruptcy
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
and probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
law in the Sydney law school. In 1932, while still a junior counsel, he appeared for 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...
in Trethowan's case, which concerned Premier Jack Lang
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...
's attempt to abolish the New South Wales Legislative Council
New South Wales Legislative Council
The New South Wales Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. The other is the Legislative Assembly. Both sit at Parliament House in the state capital, Sydney. The Assembly is referred to as the lower house and the Council as...
. The case was argued through 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...
, the High Court and then finally to the Judicial Committee of 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...
.
As a lawyer, Kitto often argued both alongside and against 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...
, then a King's Counsel and later 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...
. In the banks nationalisation case
Bank of New South Wales v Commonwealth
Bank of New South Wales v The Commonwealth 76 CLR 1, also known as the Bank Nationalisation Case, is a notable case of the High Court of Australia.-Background:...
, Kitto and Barwick argued for the banks, in another case which went to the Privy Council. Kitto's work in defeating the Chifley government's
Ben Chifley
Joseph Benedict Chifley , Australian politician, was the 16th Prime Minister of Australia. He took over the Australian Labor Party leadership and Prime Ministership after the death of John Curtin in 1945, and went on to retain government at the 1946 election, before being defeated at the 1949...
attempt to nationalise the banks was rewarded by the opposing Menzies government
Robert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
two years later by an appointment to the bench of the High Court on 10 May 1950. Kitto was the first person appointed to the Court who had been born after Federation of Australia
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...
. At his swearing in, Kitto remarked:
"[Australia's] future will be influenced in no small degree by the quality of the work we do in upholding the rule of law and proving its worth and effectiveness in the development of a nation in whose righteousness must lie its greatness."
Kitto had a complicated writing style, but his judgments were generally highly regarded for being well founded in legal principle. The former High Court Justice Michael Kirby considers that Kitto's judgment in the Communist Party case
Australian Communist Party v Commonwealth
Australian Communist Party v The Commonwealth 83 CLR 1, also known as the Communist Party Case, was a legal case in the High Court of Australia described as "undoubtedly one of the High Court's most important decisions."- Background :...
, delivered less than a year after his appointment to the court, remains one of his finest, primarily because of his unwavering support for the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
and for the Constitution
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...
.
In 1963, Kitto was appointed to the Privy Council. Kitto resigned from the High Court on 1 August 1970, and was subsequently appointed Chancellor of the University of New England
University of New England, Australia
The University of New England is an Australian public university with approximately 18,000 higher education students. Its original and main campus is located in the city of Armidale in northern New South Wales....
, having been Deputy Chancellor since 1968. He continued as Chancellor until 1981. Kitto also served as the inaugural Chairman of the Australian Press Council
Australian Press Council
The Australian Press Council is the self-regulatory body of the Australian print media. It was established in 1976 and is a private organisation. Its aims are to help preserve the traditional freedom of the press within Australia and to ensure that the free press acts responsibly and ethically...
from 1976 to 1982. Kitto was awarded an honorary Doctorate of Laws from the University of Sydney, and an honorary Doctorate of Letters from the University of New England. Students at colleges of the University of New England compete for the Sir Frank Kitto Trophy, which is awarded for excellence in cultural pursuits.
In 1983, Kitto was made a Companion of the Order of Australia, having previously been knighted by the award of Knight Commander 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.
He died in 1994, in Armidale, New South Wales
Armidale, New South Wales
Armidale is a city in the Northern Tablelands, New South Wales, Australia. Armidale Dumaresq Shire had a population of 19,485 people according to the 2006 census. It is the administrative centre for the Northern Tablelands region...
, at the age of 90.
The Kitto family is of Cornish
Cornish people
The Cornish are a people associated with Cornwall, a county and Duchy in the south-west of the United Kingdom that is seen in some respects as distinct from England, having more in common with the other Celtic parts of the United Kingdom such as Wales, as well as with other Celtic nations in Europe...
origin meaning "Christopher's(Kit's) Children".