Philip Whistler Street
Encyclopedia
Sir Philip Whistler Street KCMG
(1863–1938) was the eighth Chief Justice
of the Supreme Court of New South Wales
. Street was a distinguished lawyer, patron of many benevolent institutions and also the lieutenant governor
of New South Wales
. Biographer Percival Serle
states "Street had the culture, dignity and temperament suitable for his position. He had a wide knowledge of law and the ability to quickly reach the heart of the matter; however complicated a case might seem on the surface, the real issue involved soon became apparent to him. Though he had a keen sense of humour his court never lost its dignity and decorum, and though he would not allow himself to be fettered by mere technicalities, he insisted on the maintenance of the basic principles of law. His courtesy was universal and he never lost the affection and respect of the members of his profession".
on 9 August 1863, the second son of John Rendell Street and Susanna Caroline Street (née Lawson). His father was a member of the New South Wales Legislative Assembly
between 1887 and 1891 and his mother was the granddaughter of William Lawson, of “Blaxland, Lawson and Wentworth” fame (explorers who found the first crossing across the Blue Mountains to the west of Sydney). Street attended Sydney Grammar School
and the University of Sydney
. He obtained a Bachelor of Arts in 1883 and was admitted to the New South Wales bar on 25 August 1886. He married Belinda Maud Poolman at St John’s Anglican Church in Toorak
, Melbourne
on 1 February 1888. In 24 July 1906 he was appointed an acting judge of the Supreme Court of New South Wales. He was later appointed a full judge of the Court on 11 February 1907 following the resignation of Mr Justice W. G. Walker in February of that year. Street principally presided in bankruptcy, divorce and probate cases. He was also deputy president of the now abolished Court of Arbitration
which dealt with industrial disputes between employer and employee, as well as setting minimum wage standards in the State. Street also sat in the now abolished Vice-Admiralty Court, first established in the New South Wales during th time of Governor Arthur Phillip
to deal with maritime disputes.
In 1918, Street was appointed the Chief Judge in Equity.
"An Australian of the fourth generation, Sir Philip stood for the finest qualities in our national life. His career confirmed that public confidence in the integrity of our judiciary which is so strong a foundation for a stable and civilized society... His temperament was splendidly judicial, remarkably free from any possible bias of opinion or emotion, apt to see any issue in board perspective, and quick to penetrate to its essentials. These qualifications, combined with wide experience of various jurisdictions, especially that of Equity, made particularly acceptable his succession to Sir William Cullen
as Chief Justice". The appointment of Street marked a new beginning for the Australian legal system in the appointment of the senior judge of the court and a wholly Australian-trained lawyer as Chief Justice of Australia’s first Supreme Court.
Street was also appointed a Royal Commissioner on many occasions. The most significant of these were concerning the administration of the Returned Soldiers' Settlement Branch of the Department of Lands in 1921 and the case against the Industrial Workers of the World (IWW) in 1918. In the latter commission, IWW was an organisation that promoted the concept of one big union. In Australia, they were active in compaigning against World War I. Their campaign left a lot to be desired, as they resorted to arson and counterfeiting. One campaign led to a police officer being shot and killed for which two members were found guilty and hung. At the time of the royal commission, twelve members were still in gaol for offences such as sedition. Street’s commission concluded that some men were guilty and some were not. Most were subsequently released.
Street was acting Chief Justice in 1924 as he was the senior judge of the court at that time. He became Chief Justice on 28 January 1925, succeeding Sir William Cullen
. Sir Philip occupied that office until his seventieth birthday in 1933. According to the Supreme Court, he resigned his commission although Percival Serle notes that he actually retired. Whatever is correct, he was the second longest serving judge in New South Wales. He was appointed lieutenant-governor in 1930, and administered the government from May to October 1934, January to February 1935, and January to August 1936. The lieutenant-governor administers New South Wales in the absence of the governor.
from 1912 to 1929. He was a member of the Senate of the University of Sydney
from 1915 to 1934, and was its deputy Chancellor in 1926. Street was also a trustee of the National Art Gallery of New South Wales (now the Art Gallery of New South Wales
) from 1923 and was its chairman from 1934 to 1938. He was also a trustee of the Australian Museum
.
Sir Philip was also president of the New South Wales division of the Boy Scouts Association, of the Boys' Brigade
, the New South Wales Home for Incurables, the St John Ambulance Association, and of the Institute of Public Administration. He was patron in New South Wales of the Victoria League, English-Speaking Union, Japan-Australia Society and the Royal Zoological Society. He was in 1934 appointed American non-national member of the international commission provided for by the treaty between the United States of America and Greece.
, it is possibly the first time that a father and son sat together on a supreme court bench. His son was to also become Chief Justice of New South Wales as well.
In a further extension of his family's influence in the NSW legal system, Sir Philip’s grandson, Sir Laurence Street
, also became Chief Justice of New South Wales.
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....
(1863–1938) was the eighth 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 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...
. Street was a distinguished lawyer, patron of many benevolent institutions and also the lieutenant governor
Lieutenant governor
A lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...
of 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...
. Biographer Percival Serle
Percival Serle
Percival Serle was an Australian biographer and bibliographer.Serle was born in Victoria and for many years worked in a life assurance office before becoming chief clerk and accountant at the University of Melbourne...
states "Street had the culture, dignity and temperament suitable for his position. He had a wide knowledge of law and the ability to quickly reach the heart of the matter; however complicated a case might seem on the surface, the real issue involved soon became apparent to him. Though he had a keen sense of humour his court never lost its dignity and decorum, and though he would not allow himself to be fettered by mere technicalities, he insisted on the maintenance of the basic principles of law. His courtesy was universal and he never lost the affection and respect of the members of his profession".
Early years
Street was born in SydneySydney
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...
on 9 August 1863, the second son of John Rendell Street and Susanna Caroline Street (née Lawson). His father was a member of the New South Wales Legislative Assembly
New 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...
between 1887 and 1891 and his mother was the granddaughter of William Lawson, of “Blaxland, Lawson and Wentworth” fame (explorers who found the first crossing across the Blue Mountains to the west of Sydney). Street attended 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 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 obtained a Bachelor of Arts in 1883 and was admitted to the New South Wales bar on 25 August 1886. He married Belinda Maud Poolman at St John’s Anglican Church in Toorak
Toorak, Victoria
Toorak is a suburb of Melbourne, Victoria, Australia, 5 km south-east from Melbourne's central business district located on a rise on the south side of a bend in the Yarra River. Its Local Government Area is the City of Stonnington...
, 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...
on 1 February 1888. In 24 July 1906 he was appointed an acting judge of the Supreme Court of New South Wales. He was later appointed a full judge of the Court on 11 February 1907 following the resignation of Mr Justice W. G. Walker in February of that year. Street principally presided in bankruptcy, divorce and probate cases. He was also deputy president of the now abolished Court of Arbitration
Court of Arbitration (New South Wales)
The Court of Arbitration was the first court in New South Wales, a state of Australia which dealt exclusively with industrial relation disputes in the early twentieth century. Justice Lance Wright claims that it perhaps was the first court of its type in the world...
which dealt with industrial disputes between employer and employee, as well as setting minimum wage standards in the State. Street also sat in the now abolished Vice-Admiralty Court, first established in the New South Wales during th time of Governor Arthur Phillip
Arthur Phillip
Admiral Arthur Phillip RN was a British admiral and colonial administrator. Phillip was appointed Governor of New South Wales, the first European colony on the Australian continent, and was the founder of the settlement which is now the city of Sydney.-Early life and naval career:Arthur Phillip...
to deal with maritime disputes.
In 1918, Street was appointed the Chief Judge in Equity.
Appointment as chief justice
John Bennett notes that at Street’s swearing in ceremony (when the oath of office is administered), the Sydney Morning Herald observed:"An Australian of the fourth generation, Sir Philip stood for the finest qualities in our national life. His career confirmed that public confidence in the integrity of our judiciary which is so strong a foundation for a stable and civilized society... His temperament was splendidly judicial, remarkably free from any possible bias of opinion or emotion, apt to see any issue in board perspective, and quick to penetrate to its essentials. These qualifications, combined with wide experience of various jurisdictions, especially that of Equity, made particularly acceptable his succession to Sir William Cullen
William Portus Cullen
Sir William Portus Cullen KCMG was Chief Justice of New South Wales, Australia.-Early life:Cullen was born at Mount Johnston, near Jamberoo, New South Wales, the seventh son of John and Rebecca Cullen. A brother, Joseph Cullen, was a Member of Parliament for both New South Wales and Western...
as Chief Justice". The appointment of Street marked a new beginning for the Australian legal system in the appointment of the senior judge of the court and a wholly Australian-trained lawyer as Chief Justice of Australia’s first Supreme Court.
Street was also appointed a Royal Commissioner on many occasions. The most significant of these were concerning the administration of the Returned Soldiers' Settlement Branch of the Department of Lands in 1921 and the case against the Industrial Workers of the World (IWW) in 1918. In the latter commission, IWW was an organisation that promoted the concept of one big union. In Australia, they were active in compaigning against World War I. Their campaign left a lot to be desired, as they resorted to arson and counterfeiting. One campaign led to a police officer being shot and killed for which two members were found guilty and hung. At the time of the royal commission, twelve members were still in gaol for offences such as sedition. Street’s commission concluded that some men were guilty and some were not. Most were subsequently released.
Street was acting Chief Justice in 1924 as he was the senior judge of the court at that time. He became Chief Justice on 28 January 1925, succeeding Sir William Cullen
William Portus Cullen
Sir William Portus Cullen KCMG was Chief Justice of New South Wales, Australia.-Early life:Cullen was born at Mount Johnston, near Jamberoo, New South Wales, the seventh son of John and Rebecca Cullen. A brother, Joseph Cullen, was a Member of Parliament for both New South Wales and Western...
. Sir Philip occupied that office until his seventieth birthday in 1933. According to the Supreme Court, he resigned his commission although Percival Serle notes that he actually retired. Whatever is correct, he was the second longest serving judge in New South Wales. He was appointed lieutenant-governor in 1930, and administered the government from May to October 1934, January to February 1935, and January to August 1936. The lieutenant-governor administers New South Wales in the absence of the governor.
Community associations
Street was chairman of the Trustees of the Sydney Grammar SchoolSydney 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....
from 1912 to 1929. He was a member of the Senate of 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...
from 1915 to 1934, and was its deputy Chancellor in 1926. Street was also a trustee of the National Art Gallery of New South Wales (now the Art Gallery of New South Wales
Art Gallery of New South Wales
The Art Gallery of New South Wales , located in The Domain in Sydney, New South Wales, Australia, was established in 1897 and is the most important public gallery in Sydney and the fourth largest in Australia...
) from 1923 and was its chairman from 1934 to 1938. He was also a trustee of the Australian Museum
Australian Museum
The Australian Museum is the oldest museum in Australia, with an international reputation in the fields of natural history and anthropology. It features collections of vertebrate and invertebrate zoology, as well as mineralogy, palaeontology, and anthropology...
.
Sir Philip was also president of the New South Wales division of the Boy Scouts Association, of the Boys' Brigade
Boys' Brigade
For the 80s New Wave band from Canada, see Boys Brigade .The Boys' Brigade is an interdenominational Christian youth organisation, conceived by William Alexander Smith to combine drill and fun activities with Christian values...
, the New South Wales Home for Incurables, the St John Ambulance Association, and of the Institute of Public Administration. He was patron in New South Wales of the Victoria League, English-Speaking Union, Japan-Australia Society and the Royal Zoological Society. He was in 1934 appointed American non-national member of the international commission provided for by the treaty between the United States of America and Greece.
Later years
Street was created KCMG in 1928. He died on 11 September 1938 and he was buried in South Head cemetery after a state funeral at St Andrew's Cathedral, Sydney.Family
Street's elder son, Kenneth Whistler Street, became a judge of the Supreme Court of New South Wales, and according to biographer Percival SerlePercival Serle
Percival Serle was an Australian biographer and bibliographer.Serle was born in Victoria and for many years worked in a life assurance office before becoming chief clerk and accountant at the University of Melbourne...
, it is possibly the first time that a father and son sat together on a supreme court bench. His son was to also become Chief Justice of New South Wales as well.
In a further extension of his family's influence in the NSW legal system, Sir Philip’s grandson, Sir Laurence Street
Laurence Street
Sir Laurence Whistler Street AC, KCMG, QC is an Australian jurist and former Chief Justice of the Supreme Court of New South Wales.-Family:...
, also became Chief Justice of New South Wales.