Frederick Mann
Encyclopedia
Sir Frederick Wollaston Mann KCMG
(2 May 1869 – 29 May 1958) was the chief justice of the Australia
n state of Victoria
between 1 October 1935 and 31 January 1944. He was also Victoria’s lieutenant governor between 12 May 1936 and May 1945. Mann was nicknamed the “Little Gentleman” because of his height (he was 168 cms) and he was unfailingly courteous. He had a reputation of being a careful judge delivering decisions of precision and clarity. In 1935, he became the first Australian born person to become chief justice of Victoria.
, South Australia
. He was the son of Gilbert Hill Cheke Mann and Sophia Charlotte Mann (nee Wollaston). Mann’s maternal grandfather was John Ramsden Wollaston, a pioneering Anglican archdeacon
in Western Australia
. Mann’s younger brother was to became an icon of early Australian radio broadcasting. Mann began his education at Christ Church Grammar School in Mount Gambier. Later he transferred to the public education system when he transferred to Mount Gambier Public School. After leaving school, he studied privately at home.
He left South Australia and moved to Melbourne
in 1887 where he obtained work as a tally clerk. He then worked as a clerk in the Crown Law Department of the Victorian Government. Whilst working, he studied at the University of Melbourne
and graduated with a Bachelor of Arts
in 1894. In 1895 he won the Supreme Court prize at the University of Melbourne. He completed his Bachelor of Laws
in 1896 and a Master of Laws
in 1898. He was called to the Victorian Bar in 1896 but continued working for the State Government rather than practice in his own right.
. On his return to Australia in November, he set up chambers in Melbourne as a barrister. As a barrister, he specialized in both common law and Equity cases, and became known for his “careful cross-examination technique”.
On 8 April 1911 he married Adeline Mary Raleigh at All Saints Church of England
in East St Kilda. They had five children from the marriage.
. In 1931 he became the Chairman of the Court of Industrial Appeal and held that appointment until 1933. He was knighted
in the King's Birthday Honours of June 1933, formally receiving his knighthood by Letters Patent
on 12 July 1933. Between 1923 and 1934, he acted as Chief Justice of Victoria on many occasions. He was appointed Chief Justice in 1935 in succession to Sir William Irvine
. In the same year he became president of the Melbourne Club. In 1936, he denounced Victorian police criminal investigation methods of the time as “crude, untrained and overly reliant upon informers and physical coercion”. Police at that time were tempted to obtain convictions through extorting confessions rather than through investigation.
On 30 March 1936 he was appointed Lieutenant Governor of Victoria, taking office on 12 May 1936. The Melbourne newspaper “The Sun” described him as 'lucid, fearless, cold, crisp, alert, analytical, unostentatious and retiring … dignified and decorous'. Mann was appointed Knight Commander of the Order of St Michael and St George (KCMG) in the Coronation Honours
of 1937. In 1941 Mann heard the matter of Trustee's Executors & Agency Co Ltd v Reilly. In that case, he was called upon to decide what the phrase “in respect of” meant. He said:
Mann’s dictum
in that case on the definition of the meaning of the words “in respect of” is still used today.
Mann retired as chief justice in January 1944 and retired as lieutenant-governor in May 1945. In later years he became a trustee of the Melbourne Botanical Gardens Maud Gibson Trust. He died in 1958 at his home in the Melbourne suburb of South Yarra
.
Order of St Michael and St George
The Most Distinguished Order of Saint Michael and Saint George is an order of chivalry founded on 28 April 1818 by George, Prince Regent, later George IV of the United Kingdom, while he was acting as Prince Regent for his father, George III....
(2 May 1869 – 29 May 1958) was the chief justice of the 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 state of Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
between 1 October 1935 and 31 January 1944. He was also Victoria’s lieutenant governor between 12 May 1936 and May 1945. Mann was nicknamed the “Little Gentleman” because of his height (he was 168 cms) and he was unfailingly courteous. He had a reputation of being a careful judge delivering decisions of precision and clarity. In 1935, he became the first Australian born person to become chief justice of Victoria.
Early years
Mann was born at Mount GambierMount Gambier, South Australia
Mount Gambier is the largest regional city in South Australia located approximately 450 kilometres south of the capital Adelaide and just 17 kilometres from the Victorian border....
, South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
. He was the son of Gilbert Hill Cheke Mann and Sophia Charlotte Mann (nee Wollaston). Mann’s maternal grandfather was John Ramsden Wollaston, a pioneering Anglican archdeacon
Archdeacon
An archdeacon is a senior clergy position in Anglicanism, Syrian Malabar Nasrani, Chaldean Catholic, and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Roman Catholic Church...
in 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...
. Mann’s younger brother was to became an icon of early Australian radio broadcasting. Mann began his education at Christ Church Grammar School in Mount Gambier. Later he transferred to the public education system when he transferred to Mount Gambier Public School. After leaving school, he studied privately at home.
He left South Australia and moved to 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 1887 where he obtained work as a tally clerk. He then worked as a clerk in the Crown Law Department of the Victorian Government. Whilst working, he studied at the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
and graduated with a Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1894. In 1895 he won the Supreme Court prize at the University of Melbourne. He completed his Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1896 and a Master of Laws
Master of Laws
The Master of Laws is an advanced academic degree, pursued by those holding a professional law degree, and is commonly abbreviated LL.M. from its Latin name, Legum Magister. The University of Oxford names its taught masters of laws B.C.L...
in 1898. He was called to the Victorian Bar in 1896 but continued working for the State Government rather than practice in his own right.
Military service
He was commissioned as a lieutenant in the 4th Victorian Battalion of the Australian Imperial Regiment known as the “4th Vic.Imperial Bushmen “ He departed Melbourne on 1 May 1900 in the transport “Victorian’. He served in the Boer War for sixteen months until he was wounded at Hartbeesfontein on 16 February 1901. He was awarded the Queen's South Africa MedalQueen's South Africa Medal
The Queen's South Africa Medal was awarded to military personnel who served in the Boer War in South Africa between 11 October 1899 and 31 May 1902. Units from the British Army, Royal Navy, colonial forces who took part , civilians employed in official capacity and war correspondents...
. On his return to Australia in November, he set up chambers in Melbourne as a barrister. As a barrister, he specialized in both common law and Equity cases, and became known for his “careful cross-examination technique”.
On 8 April 1911 he married Adeline Mary Raleigh at All Saints Church of England
Anglican Church of Australia
The Anglican Church of Australia is a member church of the Anglican Communion. It was previously officially known as the Church of England in Australia and Tasmania...
in East St Kilda. They had five children from the marriage.
Judicial career
On 22 July 1919, Mann was appointed a justice of the Supreme Court of VictoriaSupreme Court of Victoria
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. It was founded in 1852, and is a superior court of common law and equity, with unlimited jurisdiction within the state...
. In 1931 he became the Chairman of the Court of Industrial Appeal and held that appointment until 1933. He was knighted
Knight Bachelor
The rank of Knight Bachelor is a part of the British honours system. It is the most basic rank of a man who has been knighted by the monarch but not as a member of one of the organised Orders of Chivalry...
in the King's Birthday Honours of June 1933, formally receiving his knighthood by Letters Patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
on 12 July 1933. Between 1923 and 1934, he acted as Chief Justice of Victoria on many occasions. He was appointed Chief Justice in 1935 in succession to Sir William Irvine
William Irvine
William Irvine may refer to:*William Irvine , Clerk of the Rolls for Scotland*William Irvine , American Revolutionary War general, congressman from Pennsylvania...
. In the same year he became president of the Melbourne Club. In 1936, he denounced Victorian police criminal investigation methods of the time as “crude, untrained and overly reliant upon informers and physical coercion”. Police at that time were tempted to obtain convictions through extorting confessions rather than through investigation.
On 30 March 1936 he was appointed Lieutenant Governor of Victoria, taking office on 12 May 1936. The Melbourne newspaper “The Sun” described him as 'lucid, fearless, cold, crisp, alert, analytical, unostentatious and retiring … dignified and decorous'. Mann was appointed Knight Commander of the Order of St Michael and St George (KCMG) in the Coronation Honours
Coronation of the British monarch
The coronation of the British monarch is a ceremony in which the monarch of the United Kingdom is formally crowned and invested with regalia...
of 1937. In 1941 Mann heard the matter of Trustee's Executors & Agency Co Ltd v Reilly. In that case, he was called upon to decide what the phrase “in respect of” meant. He said:
“the words ‘in respect of’ are diffecult (sic) of definition, but they have the widest possible meaning of any expression intended to convey some connection or relation between the two subject matters to which the words refer”.
Mann’s dictum
Dictum
In United States legal terminology, a dictum is a statement of opinion or belief considered authoritative though not binding, because of the authority of the person making it....
in that case on the definition of the meaning of the words “in respect of” is still used today.
Mann retired as chief justice in January 1944 and retired as lieutenant-governor in May 1945. In later years he became a trustee of the Melbourne Botanical Gardens Maud Gibson Trust. He died in 1958 at his home in the Melbourne suburb of South Yarra
South Yarra, Victoria
South Yarra is a suburb in Melbourne, Victoria, Australia, 4 km south-east from Melbourne's central business district. Its Local Government Area are the Cities of Stonnington and Melbourne...
.