Russell Walter Fox
Encyclopedia
Russell Walter Fox AC QC LLB (born 1920) is an Australian author, educator, jurist and former chief judge of the Supreme Court of the Australian Capital Territory
. He is best known for his extensive report on uranium
mining in Australia in the early 1980s.
.
During the Second World War
, he was a lieutenant in the Australian Staff Corps between 1940 to 1942. He enlisted with the Australian Infantry Force (AIF) on 3 March 1942 at Paddington
in Sydney
. Whilst serving his country, he married his wife Shirley in 1943. Fox and his new wife were to have three sons and one daughter.
He served in the army until his discharge on 23 March 1945 when he was discharged with the rank of captain.
Fox was admitted to the New South Wales
bar in 1949. In 1952 he became one of the examiners for Solicitors Admissions Board in New South Wales and continued in that role until 1955. In 1958 Fox jointly took over the post of General Editor of the Australian Law Journal
from Rae Else-Mitchell
. He held this post jointly with Nigel Bowen until 1960. From 1960 until 1967, he was the sole editor of the journal. He published eight volumes, numbered 32 to 40, and was one of the few editors who either was not, or did not become, a judge of the New South Wales Supreme Court. In those days of the journal, there was only one law school in New South Wales, and Fox had to write many of the articles himself rather than just be an editor.
Fox was appointed Queens Counsel in 1963. He lectured post-graduate law students for the degree of Master of Laws at the University of Sydney. He taught in this role from 1965 to 1967. Whilst there he encouraged fellow lecturer Graham Hill (who was also to become a judge) to write “Stamp, Death, Estate and Gift Duties (New South Wales, Commonwealth and Australian Capital Territory)”, a standard text on the subject in Australia.
Fox was appointed a judge of the Supreme Court of the Australian Capital Territory
on 7 August 1967. In 1969 he was asked by the Australian Government to chair an inquiry into allegations of bastardization of cadets at the Duntroon Military College. At least one officer was removed from command as a result of the findings of the inquiry.
In 1973 he heard a case concerning the construction of a communications tower on Black Mountain, overlooking Canberra. The tower is now known as “Telstra Tower”, but was originally known as Black Mountain Tower. The plaintiffs sought a review of the building process, asserting that the erection of the tower would constitute a “public nuisance”, impairing the mountain skyline. This was to be one of the first environmental cases in the Australian Capital Territory. Fox dismissed the case, as there were neither legal grounds nor any laws that could prevent the construction of the tower. However, Fox in his judgement expressed the hope that “the law would develop to fairly deal with environmental issues”. This hope was to be realised later, with the passing of an Environment Act.
In 1975, Fox was asked by then prime minister Gough Whitlam
to chair an inquiry into uranium mining. The inquiry was to report on whether or not uranium mining should be permitted in Australia. In particular, the inquiry was to focus upon whether uranium should be mined along the East Alligator River in the Northern Territory of Australia. His fellow commissioners were Graeme George Kelleher and Charles Baldwin Kerr. The inquiry engaged eight part-time specialist advisors on various aspects of uranium mining. This inquiry is usually referred to in the media as the Ranger Uranium Mine
Inquiry although that mine was established after the completion of the report. The Inquiry is more correctly known in academic publications as the “Fox Inquiry”.
The inquiry was held over a two year period and required 121 days of hearings. The commissioners heard 303 witnesses and considered over 400 documents. The inquiry generated 13,000 pages of transcript. During the course of the enquiry, Malcolm Fraser
, who had replaced Whitlam as prime minister, asked Fox to bring the inquiry to a speedy conclusion. The media also assumed that Fox would deliver a report favorable to mining interests. However, Fox maintained his independence throughout and ensured that the inquiry proceeded without any political or media interference. Author Les Dalton argues that the inquiry is probably unique in Australian history for its openness and public participation. The resulting report is regarded as Australia’s most comprehensive environmental report and is cited in any debate on uranium mining in Australia today. The inquiry gave a highly conditional approval for uranium mining to proceed.
Fox was appointed as one of the judges of the newly established Federal Court of Australia
in 1977. He held both that appointment and his appointment on the Supreme Court of the Australian Capital Territory from 1977 until his retirement in 1989.
On 1 February 1977, he was appointed as the first Chief Judge of the Supreme Court of the Australian Capital Territory
and held that post until 3 November of that year. He left that post to become Australia’s only ever Ambassador-at-Large for nuclear non-proliferation and safeguards. To take on that position, a special Act of Parliament was passed giving him leave to do so. A second Act of Parliament extended that appointment until the end of 1980. In 1977, Fox, in an independent and confidential report to the Australian Government, questioned the United States' nuclear safeguards strategy. The federal opposition released the report, causing embarrassment for the Australian government, as that strategy was a key point in the government’s attempt to sell uranium.
Fox was also critical of the Hawke Labor government’s ratification of the Vienna Convention on drugs in 1988. Fox supported the making of arrangements to eliminate illegal drug traffickers. However, he did not believe that adherence to unsuccessful treaties from over twenty years ago would adequately deal with the problems of drugs in modern society. Fox was to become a prolific writer on the subject of drug policy, writing many papers on the issue in respected journals.
Fox became chairman of the Australian Institute of Judicial Administration in 1980. The institute is a major Australian organisation dealing with judicial administration in Australia, and is funded by the Attorneys General of each Australian State and Territory. He served in that role until 1984.
Fox was appointed Chief Judge of the Supreme Court of Norfolk Island
in 1982 and held that position until 1989. That court is the highest court for the island, which is a territory of Australia. On 12 June 1989 Fox was made a Companion of the Order of Australia and he also received the Australian Centenary Medal in 2003. In 2006, the library at the Supreme Court of the Australian Capital Territory was named after him.
After Fox’s retirement as a judicial officer, he became an Adjunct Professor to the University of Technology Sydney in 1994. He taught in this role until 2006.
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
. He is best known for his extensive report on uranium
Uranium
Uranium is a silvery-white metallic chemical element in the actinide series of the periodic table, with atomic number 92. It is assigned the chemical symbol U. A uranium atom has 92 protons and 92 electrons, of which 6 are valence electrons...
mining in Australia in the early 1980s.
Early years
Fox was born at Strathfield in 1920. He was educated at North Sydney Boys High School, the Royal Military College, Duntroon and the University of SydneyUniversity 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...
.
During the Second World War
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, he was a lieutenant in the Australian Staff Corps between 1940 to 1942. He enlisted with the Australian Infantry Force (AIF) on 3 March 1942 at Paddington
Paddington
Paddington is a district within the City of Westminster, in central London, England. Formerly a metropolitan borough, it was integrated with Westminster and Greater London in 1965...
in 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...
. Whilst serving his country, he married his wife Shirley in 1943. Fox and his new wife were to have three sons and one daughter.
He served in the army until his discharge on 23 March 1945 when he was discharged with the rank of captain.
Fox was admitted to the 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...
bar in 1949. In 1952 he became one of the examiners for Solicitors Admissions Board in New South Wales and continued in that role until 1955. In 1958 Fox jointly took over the post of General Editor of the Australian Law Journal
Australian Law Journal
The Australian Law Journal is an Australian peer-reviewed law journal which has been publishing since 1927. Studies have found that it is one of the most cited Australian law journals....
from Rae Else-Mitchell
Rae Else-Mitchell
Rae Else-Mitchell CMG QC LLB Dlitt FRAHS FIPAA FRAIPA FAIUS HonFAIV HonFPIA HonFIMM was an Australian jurist, royal commissioner, historian and legal scholar...
. He held this post jointly with Nigel Bowen until 1960. From 1960 until 1967, he was the sole editor of the journal. He published eight volumes, numbered 32 to 40, and was one of the few editors who either was not, or did not become, a judge of the New South Wales Supreme Court. In those days of the journal, there was only one law school in New South Wales, and Fox had to write many of the articles himself rather than just be an editor.
Fox was appointed Queens Counsel in 1963. He lectured post-graduate law students for the degree of Master of Laws at the University of Sydney. He taught in this role from 1965 to 1967. Whilst there he encouraged fellow lecturer Graham Hill (who was also to become a judge) to write “Stamp, Death, Estate and Gift Duties (New South Wales, Commonwealth and Australian Capital Territory)”, a standard text on the subject in Australia.
Judicial appointment
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
on 7 August 1967. In 1969 he was asked by the Australian Government to chair an inquiry into allegations of bastardization of cadets at the Duntroon Military College. At least one officer was removed from command as a result of the findings of the inquiry.
In 1973 he heard a case concerning the construction of a communications tower on Black Mountain, overlooking Canberra. The tower is now known as “Telstra Tower”, but was originally known as Black Mountain Tower. The plaintiffs sought a review of the building process, asserting that the erection of the tower would constitute a “public nuisance”, impairing the mountain skyline. This was to be one of the first environmental cases in the Australian Capital Territory. Fox dismissed the case, as there were neither legal grounds nor any laws that could prevent the construction of the tower. However, Fox in his judgement expressed the hope that “the law would develop to fairly deal with environmental issues”. This hope was to be realised later, with the passing of an Environment Act.
In 1975, Fox was asked by then prime minister Gough Whitlam
Gough Whitlam
Edward Gough Whitlam, AC, QC , known as Gough Whitlam , served as the 21st Prime Minister of Australia. Whitlam led the Australian Labor Party to power at the 1972 election and retained government at the 1974 election, before being dismissed by Governor-General Sir John Kerr at the climax of the...
to chair an inquiry into uranium mining. The inquiry was to report on whether or not uranium mining should be permitted in Australia. In particular, the inquiry was to focus upon whether uranium should be mined along the East Alligator River in the Northern Territory of Australia. His fellow commissioners were Graeme George Kelleher and Charles Baldwin Kerr. The inquiry engaged eight part-time specialist advisors on various aspects of uranium mining. This inquiry is usually referred to in the media as the Ranger Uranium Mine
Ranger Uranium Mine
The Ranger uranium mine is surrounded by Kakadu National Park, in the Northern Territory of Australia, 230 km east of Darwin. The orebody was discovered in 1969, and the mine commenced operation in 1980, reaching full production of uranium oxide in 1981...
Inquiry although that mine was established after the completion of the report. The Inquiry is more correctly known in academic publications as the “Fox Inquiry”.
The inquiry was held over a two year period and required 121 days of hearings. The commissioners heard 303 witnesses and considered over 400 documents. The inquiry generated 13,000 pages of transcript. During the course of the enquiry, Malcolm Fraser
Malcolm Fraser
John Malcolm Fraser AC, CH, GCL, PC is a former Australian Liberal Party politician who was the 22nd Prime Minister of Australia. He came to power in the 1975 election following the dismissal of the Whitlam Labor government, in which he played a key role...
, who had replaced Whitlam as prime minister, asked Fox to bring the inquiry to a speedy conclusion. The media also assumed that Fox would deliver a report favorable to mining interests. However, Fox maintained his independence throughout and ensured that the inquiry proceeded without any political or media interference. Author Les Dalton argues that the inquiry is probably unique in Australian history for its openness and public participation. The resulting report is regarded as Australia’s most comprehensive environmental report and is cited in any debate on uranium mining in Australia today. The inquiry gave a highly conditional approval for uranium mining to proceed.
Fox was appointed as one of the judges of the newly established Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
in 1977. He held both that appointment and his appointment on the Supreme Court of the Australian Capital Territory from 1977 until his retirement in 1989.
On 1 February 1977, he was appointed as the first Chief Judge of the Supreme Court of the Australian Capital Territory
Supreme Court of the Australian Capital Territory
The Supreme Court of the Australian Capital Territory is the superior court for the ACT. It has unlimited jurisdiction within the territory in civil matters , and hears the most serious criminal matters...
and held that post until 3 November of that year. He left that post to become Australia’s only ever Ambassador-at-Large for nuclear non-proliferation and safeguards. To take on that position, a special Act of Parliament was passed giving him leave to do so. A second Act of Parliament extended that appointment until the end of 1980. In 1977, Fox, in an independent and confidential report to the Australian Government, questioned the United States' nuclear safeguards strategy. The federal opposition released the report, causing embarrassment for the Australian government, as that strategy was a key point in the government’s attempt to sell uranium.
Fox was also critical of the Hawke Labor government’s ratification of the Vienna Convention on drugs in 1988. Fox supported the making of arrangements to eliminate illegal drug traffickers. However, he did not believe that adherence to unsuccessful treaties from over twenty years ago would adequately deal with the problems of drugs in modern society. Fox was to become a prolific writer on the subject of drug policy, writing many papers on the issue in respected journals.
Fox became chairman of the Australian Institute of Judicial Administration in 1980. The institute is a major Australian organisation dealing with judicial administration in Australia, and is funded by the Attorneys General of each Australian State and Territory. He served in that role until 1984.
Fox was appointed Chief Judge of the Supreme Court of Norfolk Island
Supreme Court of Norfolk Island
The Supreme Court of Norfolk Island hears certain cases in the Australian territory of Norfolk Island. It is the superior Court of Norfolk Island...
in 1982 and held that position until 1989. That court is the highest court for the island, which is a territory of Australia. On 12 June 1989 Fox was made a Companion of the Order of Australia and he also received the Australian Centenary Medal in 2003. In 2006, the library at the Supreme Court of the Australian Capital Territory was named after him.
After Fox’s retirement as a judicial officer, he became an Adjunct Professor to the University of Technology Sydney in 1994. He taught in this role until 2006.
Books and articles published
- Marks, Robert E. ‘Costs of the Prohibitions’ in Drugs Policy: Fact, Fiction and the Future, edited by Russell Fox and Ian Matthews [Sydney, Federation Press: 1990],
- Justice in the Twenty-First Century (2000), Russell Fox. Federation Press.
- “Examining existing drugs policies”. Russell Fox. Criminology Australia 1 (3) January-February 1990 pp. 10–11.
- “Brigadier Geoffrey David Solomon, OBE (1920-2005)” Russell Fox. Australian Army Journal, v.3, no.1, Summer 2005-2006. pp. 293–294
- "Nuclear non proliferation” Fox, Russell W. Australian Quarterly, v.53, no.4, Summer 1981. pp. 419–432.
- "Youth and Atomic Weapons" Fox, Russell W. The Australian Journal of Forensic Sciences. Volume 19, Issue 1/2; Dec 1986. pp. 25–34
Sources
- “The Fox Inquiry: Public Policy Making in Open Forum” Les Dalton http://www.historycooperative.org/journals/lab/90/dalton.html
- Who’s Who Australia 2007.
- Ranger Uranium Environmental Inquiry report ISBN 0642022607