Gordon Samuels
Encyclopedia
Gordon Jacob Samuels AC
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"...

, CVO
Royal Victorian Order
The Royal Victorian Order is a dynastic order of knighthood and a house order of chivalry recognising distinguished personal service to the order's Sovereign, the reigning monarch of the Commonwealth realms, any members of her family, or any of her viceroys...

, 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...

 (12 August 192310 December 2007), was a British-Australian lawyer, Judge and Governor of New South Wales from 1996 to 2001. Born in London in 1923, Samuels was educated at University College School
University College School
University College School, generally known as UCS, is an Independent school charity situated in Hampstead, north west London, England. The school was founded in 1830 by University College London and inherited many of that institution's progressive and secular views...

 and Balliol College, Oxford
Balliol College, Oxford
Balliol College , founded in 1263, is one of the constituent colleges of the University of Oxford in England but founded by a family with strong Scottish connections....

. After serving in the Second World War, he was called to the bar and emigrated to Australia in 1949. Serving as a barrister in Sydney, Samuels was made a Queen's Counsel
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...

 in 1964 and appointed as 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 1972.

Samuels was later appointed a Judge of the New South Wales Court of Appeal in 1974, serving till his mandatory retirement in 1993, aged 70. A member of the University of New South Wales
University of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...

 Council from 1969, Samuels was appointed Chancellor of the University of New South Wales
University of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...

 in 1976, serving until 1994, being the longest-serving Chancellor. On retirement from law, Samuels became Chairman of the Law Reform Commission of New South Wales
Law Reform Commission of New South Wales
The New South Wales Law Reform Commission is a commission to investigate, review and advise on the reform of the law in New South Wales, a state of Australia. The present commission came into existence on 25 September 1967 although it had been administratively established previously in 1966...

, a position he held until he was appointed Governor in 1996. As Governor of New South Wales, he endured significant controversy over the decision not to reside in Government House, Sydney
Government House, Sydney
Government House is located in Sydney, Australia alongside the Royal Botanic Gardens, overlooking Sydney Harbour, just south of the Sydney Opera House...

. Despite this he served with distinction and retired in March 2001. He died aged 84 in December 2007.

Early life and background

Samuels was born on 12 August 1923 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...

, England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...

, to a family of Jewish origin. His Grandfather, Jacob Samuels, left Lithuania
Lithuania
Lithuania , officially the Republic of Lithuania is a country in Northern Europe, the biggest of the three Baltic states. It is situated along the southeastern shore of the Baltic Sea, whereby to the west lie Sweden and Denmark...

 for Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...

. He travelled to Australia and married Mary Michaelson, who he had met in Edinburgh.
They ran a general store in Walcha, New South Wales
Walcha, New South Wales
Walcha is a parish and town at the south-eastern edge of the Northern Tablelands, New South Wales, Australia.The town serves as the seat of Walcha Shire. Walcha is located 425 kilometres by road from Sydney at the intersection of the Oxley Highway and Thunderbolts Way...

, where Samuels' father, Harry, was born. Harry ran a cinema in Moree before going to war in France with his brother, Lou, who won the Military Cross
Military Cross
The Military Cross is the third-level military decoration awarded to officers and other ranks of the British Armed Forces; and formerly also to officers of other Commonwealth countries....

. Harry married Zelda Glass after the war and they settled in Cricklewood
Cricklewood
Cricklewood is a district of North London, England whose northeastern part is in the London Borough of Barnet, western part is the London Borough of Brent and southeastern part is in London Borough of Camden.-History:...

, London, where Samuels was born.

Samuels was educated at University College School
University College School
University College School, generally known as UCS, is an Independent school charity situated in Hampstead, north west London, England. The school was founded in 1830 by University College London and inherited many of that institution's progressive and secular views...

 and Balliol College, Oxford. At Oxford he was awarded the degree of a Master of Arts. When the Second World War broke out, he joined the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...

 in 1942, serving in the Royal Artillery
Royal Artillery
The Royal Regiment of Artillery, commonly referred to as the Royal Artillery , is the artillery arm of the British Army. Despite its name, it comprises a number of regiments.-History:...

 in the 96th Field Regiment (Royal Devon Yeomanry
Royal Devon Yeomanry
The Royal Devon Yeomanry was a Yeomanry regiment of the British Army, first raised in 1794, it participated in the Boer War, World War I and World War II and now forms a squadron of the Royal Wessex Yeomanry.-History:...

), achieving his commission as Captain. Serving in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

, India and Malaya
British Malaya
British Malaya loosely described a set of states on the Malay Peninsula and the Island of Singapore that were brought under British control between the 18th and the 20th centuries...

, Samuels was demobilised in 1946.

Entering the legal profession, Samuels was called to the bar at Inner Temple
Inner Temple
The Honourable Society of the Inner Temple, commonly known as Inner Temple, is one of the four Inns of Court in London. To be called to the Bar and practise as a barrister in England and Wales, an individual must belong to one of these Inns...

 in 1948. The following year he emigrated to 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...

 and worked as a clerk for Dawson Waldron Edwards and Nicholls. Called to the New South Wales bar in 1952, Samuels gained a reputation as being a "persuasive advocate and destructive cross-examiner". He married Jacqueline Kott in 1957 and had two daughters. Between 1964 and 1970, he was the Challis Lecturer of Law in Pleading 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...

. In 1964, he was appointed Queen’s Counsel for New South Wales and later for Victoria in 1965. In 1971, Samuels was elected as the President of the New South Wales Bar Association, in which capacity he served until 1972.

Judicial and academic career

In 1972, Samuels was appointed a Judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 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...

, being elevated to the Court of Appeal in 1974. As a Judge of Appeal until 1992, and as an Acting Judge afterwards until 1993, he participated in many of the leading decisions of that court. On Samuels time as a Judge, Justice Michael Kirby
Michael Kirby
Michael Donald Kirby AC, CMG, is an Australian retired judge, jurist, and academic who is a former Justice of the High Court of Australia, serving from 1996 to 2009.-Biography:Michael Kirby attended Fort Street High School in Sydney...

 commented: "His talents as an appellate judge shone brightly. No judge was more gifted in delivering accurate and elegant ex-tempore reasons immediately following argument. He displayed a command of facts and law and the well-furnished mind that he brought to the resolution of every judicial problem."

While a Judge of Appeal, Samuels performed many other public functions. These included as President of the Australian Academy of Forensic Sciences
Australian Academy of Forensic Sciences
The Australian Academy of Forensic Sciences is a multi-disciplinary learned society founded in 1967 modelled on the British Academy of Forensic Sciences...

 (1974–1976), President of the Australian Society of Legal Philosophy (1976–1979), President of the Commonwealth Security Appeals Tribunal (1989–1990), Chairman of the Australian Legal Education Council (1981–1985), and Presiding Member of the Advisory Committee on the Educational Needs of Overseas Trained Doctors and of the NSW Migrant Employment and Qualifications Board (1992–1995).

A member of the University of New South Wales
University of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...

 Council from 1969, Samuels was appointed Chancellor
Chancellor (education)
A chancellor or vice-chancellor is the chief executive of a university. Other titles are sometimes used, such as president or rector....

 of the University of New South Wales in 1976. In this time he was involved in the establishment of the UNSW foundation, became a life member of the UNSW Sports Association, was the inaugural presiding member of the Australia Ensemble and became patron of the UNSW Alumni Association. On 8 June 1987, Samuels was made a Companion of the Order of Australia (AC) for "service to learning, to the community and to law".Citation: AC QB 87.For service to learning, to the community and to the law.

In 1992 the "Samuels Building" was opened on the UNSW Kensington campus. This new research building was named in his and his wife's honour in recognition of their services to the university since 1976. When he retired from this position in 1994, he was awarded the degree of Doctor of Science
Doctor of Science
Doctor of Science , usually abbreviated Sc.D., D.Sc., S.D. or Dr.Sc., is an academic research degree awarded in a number of countries throughout the world. In some countries Doctor of Science is the name used for the standard doctorate in the sciences, elsewhere the Sc.D...

, honoris causa, by the university. His wife, Mrs Samuels, was awarded the degree of Doctor of the University, honoris causa. On turning 70 in 1993, the age of mandatory judicial retirement, Samuels retired from the bench and became Chairman of the Law Reform Commission of New South Wales
Law Reform Commission of New South Wales
The New South Wales Law Reform Commission is a commission to investigate, review and advise on the reform of the law in New South Wales, a state of Australia. The present commission came into existence on 25 September 1967 although it had been administratively established previously in 1966...

, a position he held until he was appointed Governor in 1996.

Governor of New South Wales

The appointment of Samuels as Governor of New South Wales in 1996 was followed by some controversy, not because of any doubt about his qualifications, but because of the accompanying announcement by the Premier of New South Wales, Bob Carr
Bob Carr
Robert John "Bob" Carr , Australian statesman, was Premier of New South Wales from 4 April 1995 to 3 August 2005. He holds the record for the longest continuous service as premier of NSW...

. On 16 January 1996 Carr announced that the next Governor would be Samuels, that he would not live or work at Government House, Sydney
Government House, Sydney
Government House is located in Sydney, Australia alongside the Royal Botanic Gardens, overlooking Sydney Harbour, just south of the Sydney Opera House...

 and that he would retain his appointment as Chairman of the New South Wales Law Reform Commission. On these changes, Carr said:"The Office of the Governor should be less associated with pomp and ceremony, less encumbered by anachronistic protocol, more in tune with the character of the people." This decision was seen as an attempt by Carr, a republican, to downgrade the importance of the office of Governor.

On this announcement, The Sydney Morning Herald, in its Editorial column, noted that: "There is an inconsistency in saying that the Office of the Governor should be ‘more in tune with the character of the people’ while reviewing, presumably with a view to cutting back, the number of ceremonial and social functions the Governor performs. If Mr Samuels withdraws, or is forced to withdraw, from such apparently mundane matters as opening country shows, or being patron of community organisations, it can hardly be said that he is bringing the office closer to the people." In further response to Carr's decision, the group Australians for Constitutional Monarchy
Australians for Constitutional Monarchy
Australians for Constitutional Monarchy is a group that aims to preserve Australia's current constitutional monarchy, with Elizabeth II as Queen of Australia...

 organised a protest, resulting in one of the largest marches in Sydney history: a crowd of 15,000 protested outside Parliament House, Sydney
Parliament House, Sydney
Parliament House in Sydney is a complex of buildings housing the Parliament of New South Wales, a state of Australia. It is located on the east side of Macquarie Street in Sydney, the state capital. The facade consists of a two storey Georgian building, the oldest public building in the City of...

, blocking Macquarie Street. On the day before Samuels' swearing-in, a petition bearing 55,000 signatures was handed in, calling on the Premier to reconsider.

Nevertheless, despite this turbulent beginning in office, particularly in terms of a change in role, Samuels was able to continue many of the traditions of office and served with dignity and distinction until his retirement in March 2001. On 21 March 2000 the Queen appointed him a Commander of the Royal Victorian Order (CVO). Before his departure from office, the Opposition Leader, Kerry Chikarovski
Kerry Chikarovski
Kerry Anne Chikarovski was leader of the New South Wales Liberal Party in the New South Wales Legislative Assembly. She served as Leader of the Opposition between 1998 and 2002....

, noted that while there was controversy over Government House at the start of his term: "There was a great deal of feeling about the issue and among some people that feeling remains. But it was never reflected personally on the Hon. Gordon Samuels. It was reflected against the Government at the time but it was never a reflection on the Governor. Gordon Samuels carried out his duties as the Governor very effectively." Samuels was also quoted as saying "As time went on it became perfectly clear that the Governor was going to devote all of his time, and his wife all of her time, to the job, which they intended to perform in pretty much the usual way, including the pomp and ceremony of formal openings of Parliament."

Later life

Samuels remained active after his governorship, inquiring into activities of the Australian Secret Intelligence Organisation and allegations that "loose talk" by diplomatic staff had led to the exposure of agent Warren Reed. In 2002, Samuels attacked Prime Minister John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....

's response to Senator Bill Heffernan
Bill Heffernan
William Daniel Heffernan, more commonly known as Bill Heffernan, , Australian politician, has been a Liberal Party member of the Senate, representing the state of New South Wales, since September 1996.-Early life:...

's "vicious attack" on Justice Michael Kirby, using a false document as evidence: "It is incredible that the Prime Minister, if he was indeed opposed to Heffernan's intention, did not ask for the evidence upon which the senator relied. What was in contemplation was an attack of the gravest kind upon the fitness of a High Court judge. Would not the Prime Minister have asked his friend of whom he speaks in affectionate terms to show him the material which justified so serious a course?"

Samuels also resumed his activities in the Law Reform Commission, serving as a Part-time commissioner from 2001 to 2007. He died of a cancer-related illness on 10 December 2007, survived by his wife and two daughter, Deborah and Selina Samuels. Samuels requested not to be given a state funeral.

Titles

  • 19231964: Mr Gordon Samuels
  • 19641971: Mr Gordon Samuels QC
  • 19711972: Mr Gordon Samuels QC, President of the New South Wales Bar Association
  • 19721974: The Honourable Mr Justice Gordon Samuels QC, Judge of the Supreme Court
  • 19741976: The Honourable Mr Justice Gordon Samuels QC, Judge of the Court of Appeal
  • 19761987: The Honourable Mr Justice Gordon Samuels QC, Judge of the Court of Appeal, Chancellor of the University of New South Wales
  • 19871992: The Honourable Mr Justice Gordon Samuels AC, QC, Judge of the Court of Appeal, Chancellor of the University of New South Wales
  • 19921993: The Honourable Mr Justice Gordon Samuels AC, QC, Judge (Acting) of the Court of Appeal, Chancellor of the University of New South Wales
  • 19931994: The Honourable Gordon Samuels AC, QC, Chancellor of the University of New South Wales
  • 19941996: The Honourable Gordon Samuels AC, QC, Chairman of the Law Reform Commission of New South Wales
  • 19962000: His Excellency The Honourable Gordon Samuels AC, QC, Governor of New South Wales
  • 20002001: His Excellency The Honourable Gordon Samuels AC, CVO, QC, Governor of New South Wales
  • 20012007: The Honourable Gordon Samuels AC, CVO, QC

Honours








Companion of the Order of Australia
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"...

 (AC)
1987
Commander of the Royal Victorian Order
Royal Victorian Order
The Royal Victorian Order is a dynastic order of knighthood and a house order of chivalry recognising distinguished personal service to the order's Sovereign, the reigning monarch of the Commonwealth realms, any members of her family, or any of her viceroys...

 (CVO)
2000
Knight of Justice of the Venerable Order of St John of Jerusalem (KStJ) 1996
Defence Medal 
War Medal 1939–1945
War Medal 1939–1945
The War Medal 1939–1945 was a British decoration awarded to those who had served in the Armed Forces or Merchant Navy full-time for at least 28 days between 3 September 1939 and 2 September 1945. In the Merchant Navy, the 28 days must have been served at sea...

 
Queen Elizabeth II Silver Jubilee Medal
Queen Elizabeth II Silver Jubilee Medal
The Queen Elizabeth II Silver Jubilee Medal was a commemorative medal created in 1977 to mark the 25th anniversary of the accession to the throne of Queen Elizabeth II...

 
1977

Honorary degrees

In 1994, he was appointed a Doctor of Laws (honoris causa) by 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...

. In 1994, he was awarded the degree of Doctor of Science
Doctor of Science
Doctor of Science , usually abbreviated Sc.D., D.Sc., S.D. or Dr.Sc., is an academic research degree awarded in a number of countries throughout the world. In some countries Doctor of Science is the name used for the standard doctorate in the sciences, elsewhere the Sc.D...

 (honoris causa) by the University of New South Wales
University of New South Wales
The University of New South Wales , is a research-focused university based in Kensington, a suburb in Sydney, New South Wales, Australia...

.
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