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John Madden (jurist)
Encyclopedia
Sir John Madden GCMG
(16 May 1844 – 10 March 1918), Irish
-Australia
n jurist and politician, was the fourth Chief Justice
of the Supreme Court of Victoria
.
Madden was born in the village of Cloyne
, near Cork
, Ireland
, in 1844, the second of seven sons of a Cork solicitor
also named John Madden. The family moved to London
, England
in 1852, where his father had taken a job managing an insurance company, and there Madden attended a private school. He also spent some time at a college in Beauchamp
, France
. In January 1857, the family emigrated to Melbourne
, Australia, where John Madden senior was admitted as a barrister
to the Victorian Bar
. The family lived in the suburb of Flemington
. Madden was enrolled in St Patrick's College in East Melbourne
. He later studied at the University of Melbourne
, graduating with a Bachelor of Arts in 1864, a Bachelor of Laws in 1865.
Madden was admitted to the Victorian Bar
on 14 September 1865, where he established a good reputation for himself, particularly in equity and criminal law
matters. In 1869, he received a Doctorate of Laws degree from the University of Melbourne. He stood for election to the Victorian Legislative Assembly
in 1871, for the seat of West Bourke, but was unsuccessful. In 1872, he married Gertrude Stephen, with whom Madden subsequently had one son and five daughters. Madden was elected for the seat of West Bourke at the subsequent election, and in October 1875 was made the Minister for Justice in the McCulloch government
. He lost his seat at the following election, but was temporarily retained as Minister for Justice until 1876, when he was elected to the Assembly for the seat of Sandridge
. After McCulloch's
resignation in May 1877, Madden left the ministry, but returned in March 1880 when he was made Minister for Justice in the Service government
. This government only lasted five months, however.
Madden retired from politics in 1883 to concentrate on his successful legal practice, which flourished during the Victorian land boom of the 1880s. He was considered one of the leaders of the Victorian Bar at this time, to the extent that by 1890, he was involved in about thirty percent of all cases coming before the Supreme Court of Victoria
. In 1887, he had a thirty-room mansion built for himself and his family in Chapel Street
in St Kilda East
. It was named Cloyne, after the town where he was born. The property is currently owned by the Salvation Army
. He was offered judicial positions several times, and rejected them, however after Chief Justice George Higinbotham
died in late 1892, Madden was offered his position, and became the next Chief Justice on 9 January 1893. He was knighted later that year.
One of the more interesting cases that Madden presided over was Bloomfield v Dunlop Tyre Co Ltd, decided 8 May 1902, and thought to be the first court case involving a car accident in Victoria
. A demonstration vehicle owned by the Australasian Dunlop Tyre company was being driven towards the Royal Melbourne Showgrounds
by the general manager and the advertising manager of the company. As they were passing the Flemington Racecourse
, they slowed but did not stop, and after startling some horses, they collided with one, injuring its leg. The horse's owner sued Dunlop Tyres. The case came before Madden, who admitted that he didn't know anything about cars, and requested a demonstration outside the court building in William Street
. After viewing the car's performance, and the driving skill of the two managers, he promptly found in favour of the horse owner, awarding him GBP 250 in damages
. Madden, however, quickly warmed to automobiles and became the first president of the Royal Automobile Club of Victoria
in 1903.
Aside from his political and judicial work, Madden was the vice-chancellor
of the University of Melbourne from 3 June 1889 to 20 December 1897 and then chancellor
until his death in 1918. In 1899 he was appointed as Lieutenant-Governor of Victoria, and was made a Knight Commander of the Order of St Michael and St George
(KCMG) later that year. When Governor of Victoria Sir John Fuller was away in the United Kingdom
in 1913, Madden assumed his role after a motion of no confidence
was successfully moved against Premier of Victoria William Watt
. Madden caused some controversy when instead of appointing Donald McLeod of the Commonwealth Liberal Party
, he appointed Labor
leader George Elmslie
. Elmslie's term in office lasted only thirteen days before his appointment was rejected by the Legislative Assembly.
In 1905, members of the Victorian Bar donated a sum of money to the University of Melbourne in recognition of Madden's services to the university and the community; the sum funds the John Madden Exhibitions, awarded to students of law. In 1906, he was elevated to Knight Grand Cross of the Order of St Michael and St George (GCMG). When the Historical Society of Victoria was formed on 21 May 1909, Madden was made its first patron
.
Madden died suddenly in 1918, and was buried in the Melbourne General Cemetery
. He was survived by his wife and six children.
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....
(16 May 1844 – 10 March 1918), Irish
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
-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 jurist and politician, was the fourth Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Supreme Court of Victoria
Supreme 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...
.
Cloyne
Cloyne is a small town to the south-east of the town of Midleton in eastern County Cork, Province of Munster, Ireland. It is also a see city of the Anglican Diocese of Cork, Cloyne and Ross, while also giving its name to a Roman Catholic diocese...
, near Cork
Cork (city)
Cork is the second largest city in the Republic of Ireland and the island of Ireland's third most populous city. It is the principal city and administrative centre of County Cork and the largest city in the province of Munster. Cork has a population of 119,418, while the addition of the suburban...
, Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, in 1844, the second of seven sons of a Cork solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
also named John Madden. The family moved to 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...
in 1852, where his father had taken a job managing an insurance company, and there Madden attended a private school. He also spent some time at a college in Beauchamp
Beauchamp
- Surname :* Alphonse de Beauchamp, French historian* Anne de Beauchamp, 15th Countess of Warwick * Bianca Beauchamp, Canadian fetish model* Christine Beauchamp, case study patient...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
. In January 1857, the family emigrated 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...
, Australia, where John Madden senior was admitted 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...
to the 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...
. The family lived in the suburb of Flemington
Flemington, Victoria
Flemington is a suburb in Melbourne, Victoria, Australia, situated between the Maribyrnong River and Moonee Ponds Creek 4 km north-west from Melbourne's central business district. It was named by settler James Watson after Flemington estate in Scotland. Its Local Government Areas are the...
. Madden was enrolled in St Patrick's College in East Melbourne
East Melbourne, Victoria
East Melbourne is a suburb in Melbourne, Victoria, Australia, adjacent to Melbourne's central business district. Its Local Government Area is the City of Melbourne. At the 2006 Census, East Melbourne had a population of 4,330....
. He later 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...
, graduating with a Bachelor of Arts in 1864, a Bachelor of Laws in 1865.
Madden was admitted to the 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...
on 14 September 1865, where he established a good reputation for himself, particularly in equity and criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
matters. In 1869, he received a Doctorate of Laws degree from the University of Melbourne. He stood for election to the Victorian Legislative Assembly
Victorian Legislative Assembly
The Victorian Legislative Assembly is the lower house of the Parliament of Victoria in Australia. Together with the Victorian Legislative Council, the upper house, it sits in Parliament House in the state capital, Melbourne.-History:...
in 1871, for the seat of West Bourke, but was unsuccessful. In 1872, he married Gertrude Stephen, with whom Madden subsequently had one son and five daughters. Madden was elected for the seat of West Bourke at the subsequent election, and in October 1875 was made the Minister for Justice in the McCulloch government
James McCulloch
James McCulloch is also the name of the cashier of the Baltimore branch of the Second National Bank of the United States. This James McCulloch was not involved in the McCulloch vs. Maryland U.S. Supreme Court case....
. He lost his seat at the following election, but was temporarily retained as Minister for Justice until 1876, when he was elected to the Assembly for the seat of Sandridge
Electoral district of Sandridge
Electoral district of Sandridge was an electoral district of the Legislative Assembly in the Australian state of Victoria.-Members for Sandridge:...
. After McCulloch's
James McCulloch
James McCulloch is also the name of the cashier of the Baltimore branch of the Second National Bank of the United States. This James McCulloch was not involved in the McCulloch vs. Maryland U.S. Supreme Court case....
resignation in May 1877, Madden left the ministry, but returned in March 1880 when he was made Minister for Justice in the Service government
James Service
James Service , Australian colonial politician, was the 12th Premier of Victoria, Australia.-Biography:Service was born in Kilwinning, Ayrshire, Scotland, and as a young man worked in a Glasgow tea importing business, Thomas Corbett and Company...
. This government only lasted five months, however.
Madden retired from politics in 1883 to concentrate on his successful legal practice, which flourished during the Victorian land boom of the 1880s. He was considered one of the leaders of the Victorian Bar at this time, to the extent that by 1890, he was involved in about thirty percent of all cases coming before the Supreme Court of Victoria
Supreme 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 1887, he had a thirty-room mansion built for himself and his family in Chapel Street
Chapel Street, Melbourne
Chapel Street is a shopping, dining and entertainment precinct in Melbourne, Australia. It has a myriad shops ranging from exclusive upmarket fashion designers at the South Yarra end to old fashion pawnbrokers towards Windsor.-Geography:...
in St Kilda East
St Kilda East, Victoria
St Kilda East is a suburb in Melbourne, Victoria, Australia, 6 km south-east of Melbourne's central business district. It is located within the Local Government Areas of the City of Glen Eira and the City of Port Phillip. At the 2006 Census, it had a population of 12,188.St Kilda East is one...
. It was named Cloyne, after the town where he was born. The property is currently owned by the Salvation Army
Salvation Army
The Salvation Army is a Protestant Christian church known for its thrift stores and charity work. It is an international movement that currently works in over a hundred countries....
. He was offered judicial positions several times, and rejected them, however after Chief Justice George Higinbotham
George Higinbotham
George Higinbotham was a politician and was a Chief Justice of the Supreme Court of Victoria, which is the highest ranking court in the Australian State of Victoria.-Early life:...
died in late 1892, Madden was offered his position, and became the next Chief Justice on 9 January 1893. He was knighted later that year.
One of the more interesting cases that Madden presided over was Bloomfield v Dunlop Tyre Co Ltd, decided 8 May 1902, and thought to be the first court case involving a car accident in 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....
. A demonstration vehicle owned by the Australasian Dunlop Tyre company was being driven towards the Royal Melbourne Showgrounds
Royal Melbourne Showgrounds
The Melbourne Showgrounds is located in the inner north-western suburb of Ascot Vale, Victoria, Australia, next door to Flemington Racecourse. Is the home of the annual Royal Melbourne Show, as well as major exhibitions, trade shows, and music concerts....
by the general manager and the advertising manager of the company. As they were passing the Flemington Racecourse
Flemington Racecourse
Flemington Racecourse is a major horse racing venue located in Melbourne, Victoria, Australia. It is most notable for hosting the Melbourne Cup, which is Australia's richest horse race. The racecourse is situated on low alluvial flats, next to the Maribyrnong River...
, they slowed but did not stop, and after startling some horses, they collided with one, injuring its leg. The horse's owner sued Dunlop Tyres. The case came before Madden, who admitted that he didn't know anything about cars, and requested a demonstration outside the court building in William Street
William Street, Melbourne
William Street is a major street in the central business district of Melbourne, Victoria, Australia. It runs roughly north-south from Flinders Street to Victoria Street, and is located in the western half of the Hoddle Grid....
. After viewing the car's performance, and the driving skill of the two managers, he promptly found in favour of the horse owner, awarding him GBP 250 in damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
. Madden, however, quickly warmed to automobiles and became the first president of the Royal Automobile Club of Victoria
Royal Automobile Club of Victoria
The Royal Automobile Club of Victoria is a motoring club and mutual organisation, providing services such as roadside assistance, vehicle, home and contents insurance, personal and car loans, driving instruction, tourism services and home security products.The RACV runs a lifestyle club known as...
in 1903.
Aside from his political and judicial work, Madden was the vice-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 Melbourne from 3 June 1889 to 20 December 1897 and then chancellor
Chancellor
Chancellor is the title of various official positions in the governments of many nations. The original chancellors were the Cancellarii of Roman courts of justice—ushers who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the...
until his death in 1918. In 1899 he was appointed as Lieutenant-Governor of Victoria, and was made a Knight Commander of the Order of St Michael and St George
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....
(KCMG) later that year. When Governor of Victoria Sir John Fuller was away in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
in 1913, Madden assumed his role after a motion of no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
was successfully moved against Premier of Victoria William Watt
William Watt
William Alexander Watt PC was an Australian politician who was the 24th Premier of Victoria, and later a leading federal politician and Speaker of the House of Representatives....
. Madden caused some controversy when instead of appointing Donald McLeod of the Commonwealth Liberal Party
Commonwealth Liberal Party
The Commonwealth Liberal Party was a political movement active in Australia from 1909 to 1916, shortly after federation....
, he appointed 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...
leader George Elmslie
George Elmslie (Australian politician)
George Alexander Elmslie , Australian politician, was the 25th Premier of Victoria, and the first Labor Premier....
. Elmslie's term in office lasted only thirteen days before his appointment was rejected by the Legislative Assembly.
In 1905, members of the Victorian Bar donated a sum of money to the University of Melbourne in recognition of Madden's services to the university and the community; the sum funds the John Madden Exhibitions, awarded to students of law. In 1906, he was elevated to Knight Grand Cross of the Order of St Michael and St George (GCMG). When the Historical Society of Victoria was formed on 21 May 1909, Madden was made its first patron
Patrón
Patrón is a luxury brand of tequila produced in Mexico and sold in hand-blown, individually numbered bottles.Made entirely from Blue Agave "piñas" , Patrón comes in five varieties: Silver, Añejo, Reposado, Gran Patrón Platinum and Gran Patrón Burdeos. Patrón also sells a tequila-coffee blend known...
.
Madden died suddenly in 1918, and was buried in the Melbourne General Cemetery
Melbourne General Cemetery
The Melbourne General Cemetery is a large necropolis located north of the city of Melbourne in the suburb of Carlton North.-History:...
. He was survived by his wife and six children.